PC 2020/02/19
City of Anaheim
Planning Commission
Agenda
Wednesday, February 19, 2020
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
• Chairperson: Michelle Lieberman
• Chairperson Pro-Tempore: Kimberly Keys
• Commissioners: John Armstrong, Natalie Meeks, Rosa Mulleady,
Dave Vadodaria, Steve White
• Call To Order - 5:00 p.m.
• Pledge Of Allegiance
• Public Comments
• Public Hearing Items
• Commission Updates
• Discussion
• Adjournment
For record keeping purposes, if you wish to make a statement regarding any item on the
agenda, please complete a speaker card in advance and submit it to the secretary.
A copy of the staff report may be obtained at the City of Anaheim Planning and Building
Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report
is also available on the City of Anaheim website www.anaheim.net/planning on Thursday,
February 13, 2020, after 5:00 p.m. Any writings or documents provided to a majority of the
Planning Commission regarding any item on this agenda (other than writings legally exempt
from public disclosure) will be made available for public inspection in the Planning and
Building Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California,
during regular business hours.
You may leave a message for the Planning Commission using the following
e-mail address: planningcommission@anaheim.net
02-19-2020
Page 2 of 4
APPEAL OF PLANNING COMMISSION ACTIONS
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits, Variances, Public Convenience or Necessity Determinations,
Tentative Tract and Parcel Maps will be final 10 calendar days after Planning
Commission action unless a timely appeal is filed during that time. This appeal shall be
made in written form to the City Clerk, accompanied by an appeal fee in an amount
determined by the City Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for
public hearing before the City Council at the earliest possible date. You will be notified by
the City Clerk of said hearing.
If you challenge any one of these City of Anaheim decisions in court, you may be limited
to raising only those issues you or someone else raised at the public hearing described
in this notice, or in a written correspondence delivered to the Planning Commission or City
Council at, or prior to, the public hearing.
Anaheim Planning Commission Agenda - 5:00 P.M.
Public Comments
This is an opportunity for members of the public to speak on any item under the jurisdiction
of the Anaheim City Planning Commission or provide public comments on agenda items
with the exception of public hearing items.
02-19-2020
Page 3 of 4
Public Hearing Items
ITEM NO. 2
CONDITIONAL USE PERMIT NO. 2018-05990
VARIANCE NO. 2019-05130
(DEV2018-00130)
Location: 3111 West Orange Avenue
Request: The applicant requests approval of a conditional
use permit to permit and retain a church within an existing two-
story office building and a variance to permit an existing 6-foot
high wrought iron fence which is higher than permitted by the
Zoning Code.
Environmental Determination: The Planning Commission will
consider whether the proposed action is Categorically Exempt
from the requirements to prepare additional environmental
documentation per California Environmental Quality Act
(CEQA) Guidelines, Section 15301, Class 1 (Existing
Facilities).
Resolution No. ______
Project Planner:
Wayne Carvalho
wcarvalho@anaheim.net
ITEM NO. 3
ZONING CODE AMENDMENT NO. 2020-00169
(DEV2020-00001)
Adjustment No. 2 to the Beach Boulevard Specific
Plan No. 2017-1 (SPN2017-00001B)
Location: Citywide
Request: A City-initiated Zoning Code Amendment to reflect
recent changes in State law related to Accessory Dwelling Units.
The proposed amendment would modify Chapters 18.04
(Single-Family Residential Zones); 18.06 (Multiple-Family
Residential Zones); 18.14 (Public and Special-Purpose Zones);
18.36 (Types of Uses); 18.38 (Supplemental Use Regulations);
18.40 (General Development Standards); 18.42 (Parking and
Loading); 18.92 (Definitions); and 18.122 (Beach Boulevard
Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development
Standards) of Title 18 (Zoning) of the Anaheim Municipal Code.
Environmental Determination: The Planning Commission will
consider whether the proposed action is exempt from the
requirements to prepare additional environmental
documentation per Public Resources Code Section 21080.17
and California Environmental Quality Act (CEQA) Guidelines
Sections 15061(b)(3); 15301, Class 1 (Existing Facilities); and,
15303, Class 3 (New Construction or Conversion of Small
Structures).
Motion
Project Planner:
Lisandro Orozco
lorozco@anaheim.net
02-19-2020
Page 4 of 4
Adjourn to Monday, March 2, 2020 at 5:00 p.m.
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
1:00 p.m. February 12, 2020 (TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED:
ANAHEIM CITY PLANNING COMMISSION
The City of Anaheim wishes to make all of its public meetings and hearings accessible to all
members of the public. The City prohibits discrimination on the basis of race, color, or national origin
in any program or activity receiving Federal financial assistance.
If requested, the agenda and backup materials will be made available in appropriate alternative
formats to persons with a disability, as required by Section 202 of the Americans with Disabilities
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or services, in order to participate in the public meeting may request such modification,
accommodation, aid or service by contacting the Planning and Building Department either in person
at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later
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persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139,
antes de las 10:00 de la mañana un día habil antes de la reunión programada.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 2
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: FEBRUARY 19, 2020
SUBJECT: CONDITIONAL USE PERMIT NO. 2018-05990 AND
VARIANCE NO. 2019-05130
LOCATION: 3111 West Orange Avenue (Beautiful Community Church)
APPLICANT/PROPERTY OWNER: The applicant/property owner is the
Beautiful Community Church, represented by Joseph Lee. The agent representing the
church is Myung Chung of CMC Architects and Engineers.
REQUEST: The applicant requests approval of a conditional use permit to permit
and retain a church within an existing two-story office building and a variance to
permit an existing 6-foot high wrought iron fence which is higher than permitted by
the Code.
RECOMMENDATION: Staff recommends that the Planning Commission approve
the attached resolution, determining that this request is categorically exempt under the
California Environmental Quality Act, Section 15301, Class 1 (Existing Facilities),
and approving Conditional Use Permit No. 2018-05990 and Variance No. 2019-
05130.
BACKGROUND: This 0.55-acre property is developed with a 8,769 square foot
two-story office building which is currently occupied by the Beautiful Community
Church. The property is accessible by two separate driveways on Orange Avenue.
The church has been at this location since January of 2018 and has an overall
membership of approximately 35 people. The request for a conditional use permit
resulted from a Code Enforcement violation notice requiring the church obtain a City
business license.
The surrounding land uses include a medical office building to the east, single-family
residences to the north and west across a flood control channel, and the Twila Reid
Park to the south across Orange Avenue. The General Plan designates this property
for Office – Low land uses and is zoned “C-G” General Commercial.
CONDITIONAL USE PERMIT NO. 2018-05990 AND VARIANCE NO. 2019-05130
February 19, 2020
Page 2 of 5
PROPOSAL: The applicant requests to permit and retain a 8,769 square foot church within an
existing two-story office building. The first floor consists of bible study classrooms, offices,
restrooms, a central lobby, and an 860 square foot worship hall with 60 seats. The second floor is
entirely occupied with offices used by the church. No subleasing of office space is occurring nor
are there future plans to sublease office space to a separate tenant. The church has two employees
consisting of the pastor and an administrative assistant. There are approximately 35 members (20
families) in the congregation. The church offers Sunday services at 9 a.m. and 11 a.m.
Approximately 8-10 adults attend a Thursday night Bible study from 7 p.m. to 9 p.m. and
approximately 8-10 attend Saturday night choir practice.
The applicant also requests to retain an existing 6-foot high wrought iron fence with pedestrian
and vehicle access gates within the front setback. The fence and gates were erected over a year
ago and are placed between zero and approximately three feet from the front property line. The
Anaheim Municipal Code allows a maximum fence height of three feet within the front setback.
The minimum front setback in the C-G zone is 15 feet.
FINDINGS AND ANALYSIS:
Conditional Use Permit: Before the Planning Commission may approve a conditional use permit,
it must make a finding of fact that the evidence presented shows that all of the following conditions
exist:
1) That the proposed use is properly one for which a conditional use permit is authorized
by this code;
2) That the proposed use will not adversely affect the adjoining land uses, or the growth
and development of the area in which it is proposed to be located;
3) That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use, in a manner not detrimental to either the particular
area or health and safety;
4) That the traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area; and
5) That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of Anaheim.
Churches are within the “Community and Religious Assembly” class of use in the Municipal Code.
The Code permits Community and Religious Assembly uses in the General Commercial Zone,
subject to approval of a conditional use permit to ensure compatibility with the surrounding area.
The City has not received any complaints regarding the religious services since the church began
operating in 2018. The use operates in a manner compatible with surrounding medical office and
residential uses, and staff does not anticipate that the use would create any adverse impacts to the
surrounding area. Conditions of approval have been included in the draft resolution to ensure that
the church continues to operate in a compatible manner. These conditions would require that all
parking occur on-site, prohibit a school use, or prohibit a daycare or preschool other than Sunday
school during church services, without prior approval of a conditional use permit.
CONDITIONAL USE PERMIT NO. 2018-05990 AND VARIANCE NO. 2019-05130
February 19, 2020
Page 3 of 5
The church provides 42 parking spaces in two parking lots. The Municipal Code does not specify
a parking standard for Community and Religious Assembly uses; instead, staff reviews a Parking
Letter or Parking Study, submitted by the applicant, which identifies the actual parking demand of
the church to determine whether there is an adequate supply of parking for the use. The applicant
submitted the attached Parking Tabulation Worksheet which is part of the Operations Plan
(Attachment 4), indicating the parking demand for their Sunday services and ancillary uses on the
weekdays. Parking counts were conducted over a five-week period between September 1, 2019
and October 5, 2019, including five Sundays. As seen in the following table, the parking demand
for Sunday services over that five-week period did not exceed 27 spaces.
Sunday Parking Counts for Beautiful Community Church
Date Spaces Occupied
Sunday, September 1, 2019 25
Sunday, September 8, 2019 22
Sunday, September 15, 2019 23
Sunday, September 22, 2019 23
Sunday, September 29, 2019 27
The applicant’s Operation Plan also indicates that other activities occurring throughout the week
did not demand more than 10 parking spaces. Based on this parking information, staff determined
that there is sufficient parking for the church services and the ancillary uses during the week.
Variance: The Planning Commission may grant the requested variance upon a finding that the
evidence presented shows that all of the following conditions exist:
1) That there are special circumstances applicable to the property, including size,
shape, topography, location or surroundings, which do not apply to other property
under identical zoning classification in the vicinity;
2) That, because of special circumstances shown above, strict application of the
Zoning Code deprives the property of privileges enjoyed by other property under
identical zoning classification in the vicinity.
A variance recognizes that there may be individual properties that, because of size, irregular shape,
or unusual topography, cannot be reasonably developed if all the development standards for the
zone are strictly applied. The applicant is requesting to retain 6-foot high wrought iron fencing
within the required 15-foot front setback along the Orange Avenue, where a maximum 3-foot high
fence is allowed within this setback area. The small size of the property, in addition to the
triangular shape of the lot, makes it difficult to meet all of the development standards related to
security fencing within the front setback area. The applicant indicates that the fencing and gates
would continue to provide needed security for the church property. The applicant provided a letter
(Attachment 3) stating that the church has experienced a significant amount of trespassing on their
property from homeless individuals since purchasing the property in 2018. The applicant’s letter
also stated that the fencing and gates would be compatible with the existing wall and fence located
along the front property line of the property to the east of the church. The fencing and gates are
designed as open wrought iron fencing with enough landscaping in front of the fencing to screen
the fencing and parking lots from view of the street (see site plan below). A condition of approval
has been included in the draft resolution ordinance requiring the submittal of a landscape plan to
CONDITIONAL USE PERMIT NO. 2018-05990 AND VARIANCE NO. 2019-05130
February 19, 2020
Page 4 of 5
Planning Department staff depicting planting material within the areas between the fence and back
of sidewalk to ensure that the fence and parking lot are adequately screened from view of the street.
According to the applicant, the fencing and gates have helped to secure the property and prevented
trespassing and trash accumulation from occurring on the property. In addition, the reduced
setback of the fence from the front property line would preserve the parking, landscaping, and
pedestrian access improvements behind the fencing while providing the much needed security.
Lastly, staff and the applicant identified other religious uses in the City that have fences located in
the front setback that are six feet in height. Both St. Boniface Catholic Church on Harbor
Boulevard and the Islamic Institute of Orange County on State College Boulevard have six-foot
high fences within the front setback.
St. Boniface Catholic Church
CONDITIONAL USE PERMIT NO. 2018-05990 AND VARIANCE NO. 2019-05130
February 19, 2020
Page 5 of 5
Islamic Institute of Orange County
At the last Planning Commission meeting on February 3, 2020, St. John the Baptist Greek
Orthodox Church on Dale Avenue also received approval of a variance for a six-foot fence within
the front setback where a 25-foot setback was required and an 8-foot setback was approved. The
Planning Commission granted the variance based on similar findings for security while
maintaining the character and compatibility with surrounding properties.
Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects
of the proposed project are typical of those generated within the Class 1 (Existing Facilities)
Categorical Exemption. Class 1 consists of the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use beyond that
existing at the time of this determination. The proposed project is a request to retain a church
within an existing two-story office building and a variance to permit an existing 6-foot high
wrought iron fence within the front setback. As such, the proposed project meets the criteria for a
Class 1 categorical exemption. Pursuant to Section 15300.02 (c) and 15303 of Title 14 of the
California Code of Regulations, there are no unusual circumstances in respect to the proposed
project for which staff would anticipate a significant effect on the environment and, therefore, the
proposed project is categorically exempt from the provisions of CEQA.
CONCLUSION: The continued use of the office building for a church use and retaining the
existing 6-foot high wrought iron fence and gates within the front setback would not be detrimental
to the surrounding neighborhood and is designed to be compatible with the surrounding properties.
Based on the justification described above, staff supports this request and recommends approval
of the conditional use permit and variance requests.
Prepared by, Submitted by,
Wayne Carvalho David See
Contract Planner Principal Planner
Attachments:
1. Draft Resolution
2. Site Plan, Floor Plans
3. Variance Justification
4. Operations Plan and Parking Demand
5. Site Photographs
C-G
DEV 2018-0013 0
OFFICE
SP 2017-1
P-R
TWILA REID PARK
SP 2017-1
P-R
TWILA REID PARK
T (MHP)
CHEROKEE
MOBILEHOME
PARK
SP 2017-1 (MHP)
R-LM
CHEROKEE
MOBILEHOME
PARK
C-G
MEDICAL
OFFICE
O-L
NURSING
HOME
T
SINGLE
FAMILY
RESIDENCE
T
SINGLE
FAMILY
RESIDENCE
T
NURSING
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O.C.F.C.D.
RS-2
SINGLE FAMILY RESIDENCE
RS-2
SINGLE FAMILY RESIDENCE
RS-2
SINGLE FAMILY RESIDENCE
RS-2
SINGLE FAMILY
RESIDENCE RS-3
SINGLE FAMILY RESIDENCE
RS-3
SINGLE FAMILY RESIDENCE
RS-3
SINGLE FAMILY
RESIDENCE
RS-3
SINGLE FAMILY RESIDENCE
RS-3
SINGLE FAMILY
RESIDENCE
RS-3
SINGLE FAMILY RESIDENCE
RS-3
SINGLE FAMILY RESIDENCE
R S -3
S I N G L E F A M I L Y R E S I D E N C E
RS-3
SINGLE FAMILY RESIDENCE
RS-2
SINGLE FAMILY RESIDENCE
RS-2
SINGLE FAMILY RESIDENCE
O.C.F.C.D.
RS-3
SINGLE FAMILY
RESIDENCE
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[DRAFT] ATTACHMENT NO. 1
- 1 - PC2020-***
RESOLUTION NO. PC2020-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2018-05990
AND VARIANCE NO. 2019-05130
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2018-00130)
(3111 WEST ORANGE AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to
as the "Planning Commission") did receive a verified petition for Conditional Use Permit No.
2018-05990 to permit and retain a church within an existing two-story office building and
Variance No. 2019-05130 to permit an existing 6-foot high wrought iron fence within the
required front setback which is higher than permitted by the Code on certain real property
located at 3111 West Orange Avenue in the City of Anaheim, County of Orange, State of
California, as generally depicted on Exhibit A attached hereto and incorporated herein by this
reference (the "Property"); and
WHEREAS, the property is approximately 0.55 acres in size and is developed with
a two story office building. The Property is located in the "C-G" General Commercial Zone
and is subject to the zoning and development standards contained in Chapter 18.08
(Commercial Zones) of the Anaheim Municipal Code (“Code”). The Land Use Element of
the Anaheim General Plan designates the Property for Office Low land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 19, 2020 at 5:00 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of Chapter
18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed
Conditional Use Permit No. 2018-05990 and Variance No. 2019-05130 (the "Proposed
Project"), and to investigate and make findings and recommendations in connection therewith;
and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to
as “CEQA”), the State of California Guidelines for Implementation of the California
Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to
as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the
"lead agency" for the preparation and consideration of environmental documents for the
Proposed Project; and
WHEREAS, the Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 1 –
Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use beyond that
existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the
- 2 - PC2020-***
CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment
and is, therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, the Planning Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing with respect to the request for Conditional Use Permit No. 2018-05990,
does find and determine the following facts:
1) The Proposed Project is an allowable use within the "C-G" General Commercial
Zone under subsection .010 of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial
Zones) of the Code, subject to a conditional use permit and the zoning and development
standards of the "C-G" General Commercial Zone.
2) The Proposed Project, under the conditions imposed, will not adversely affect the
surrounding land uses and the growth and development of the area because the Property is
developed with an office building and there are a sufficient amount of parking spaces to
accommodate the parking demand for the church use.
3) The size and shape of the Property is adequate to allow the full operation of the
proposed use in a manner not detrimental to the particular area or to the health, safety and
general welfare because the church is located within an existing office building and a
sufficient number of on-site parking spaces and adequate vehicle circulation are provided on-
site.
4) The traffic generated by the use would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the number
of vehicles entering and exiting the site will not exceed the anticipated volumes of traffic on
the surrounding streets to accommodate the use.
5) The granting of Conditional Use Permit No. 2018-05990 under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim
and will provide a land use that is compatible with the surrounding area.
WHEREAS, the Planning Commission does further find and determine that the
request for Variance No. 2019-05130 to exceed the maximum fence height within the required
front setback should be approved for the following reasons:
SECTION NO. 18.46.110.030 Permitted fence height within the
required front setback. (3 feet
permitted; 6 feet proposed)
- 3 - PC2020-***
1) There are special circumstances applicable to the Property, including size, shape,
topography, location or surroundings, which do not apply to other property under identical
zoning classification in the vicinity. Due to the irregular shape of the subject Property
adjacent to an existing flood channel (triangular lot with narrow lot depth at the west end),
strict application of the development standards creates a hardship for the Proposed Project.
In addition, the location of the Project site adjacent to the Twila Reid Public Park across
Orange Avenue and the flood control channel to the north have posed a hardship on
adequately securing the site from trespassers. The proposed fencing is designed to provide
security for the church site while remaining compatible with the surrounding community.
2) That, because of the special circumstances identified above, strict application of
the Zoning Code would deprive the property of privileges enjoyed by other property under
identical zoning classification in the vicinity. In addition to providing needed security, the
character and design of the fencing and gates, as well as the installation of new landscaping,
would be complimentary with the design of the church and similar with the surrounding area.
and;
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff
report and all materials in the project files. There is no substantial evidence, nor are there
other facts, that detract from the findings made in this Resolution. This Planning Commission
expressly declares that it considered all evidence presented and reached these findings after
due consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings,
this Planning Commission does hereby approve Conditional Use Permit No. 2018-05990 and
Variance No. 2019-05130 contingent upon and subject to the conditions of approval set forth
in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found
to be a necessary prerequisite to the proposed use of that portion of the Property for which
Conditional Use Permit No. 2018-05990 and Variance No. 2019-05130 is applicable in order
to preserve the health, safety and general welfare of the citizens of the City of Anaheim.
Extensions for further time to complete conditions of approval may be granted in accordance
with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may
be amended by the Planning Director upon a showing of good cause provided (i) equivalent
timing is established that satisfies the original intent and purpose of the condition, (ii) the
modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to
Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the
Code.
- 4 - PC2020-***
BE IT FURTHER RESOLVED that the Planning Commission does hereby find
and determine that adoption of this Resolution is expressly predicated upon applicant's
compliance with each and all of the conditions hereinabove set forth. Should any such
condition, or any part thereof, be declared invalid or unenforceable by the final judgment of
any court of competent jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Code and any
other applicable City, State and Federal regulations. Approval does not include any action or
findings as to compliance or approval of the request regarding any other applicable ordinance,
regulation or requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of February 19, 2020. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures
and may be replaced by a City Council Resolution in the event of an appeal.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2020-***
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the
Planning Commission of the City of Anaheim held on February 19, 2020, by the following
vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of February,
2020.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 6 - PC2020-***
- 7 - PC2020-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2018-05990 AND
VARIANCE NO. 2019-05130
(DEV2018-00130)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF BUILDING PERMITS
1 The property owner shall irrevocably offer to dedicate to the City of
Anaheim an easement 45- feet in width from the centerline of Orange
Avenue along the property’s frontage for road, public utilities and
other public purposes.
Public Works
Department,
Development Services
2 The legal property owner shall submit an application for a Subdivision
Map Act Certificate of Compliance to the Public Works Department,
Development Services Division.
Public Works
Department,
Development Services
OPERATIONAL CONDITIONS OF APPROVAL
3 Gates shall remain open during business hours. Public Works
Department, Traffic
Engineering
4 That curbs adjacent to the drive aisles shall be painted red to prohibit
parallel parking in the drive aisles. Red curb locations shall be clearly
labeled on building plans.
Public Works
Department, Traffic
Engineering
5 That prior to final building and zoning inspection, fire lanes shall be
posted with “No Parking Any Time.” Said information shall be
specifically shown on plans submitted for building permits.
Public Works
Department, Traffic
Engineering
6 The only school activity in connection with this church shall be related
to religious services/Sunday school, prayer meetings, or Bible studies.
This facility shall not be used as a private daycare, preschool,
elementary, junior and/or senior high school.
Planning and Building
Department,
Planning Services
Division
7 The church facility shall operate in accordance with the Letter of
Operation submitted as part of the application. Any changes to the
facility’s operation described in the Letter of Operation shall be
subject to review and approval by the Planning Director to determine
substantial conformance with said letter and to ensure compatibility
with the surrounding uses.
Planning and Building
Department,
Planning Services
Division
GENERAL
8 Within 60 days of the date of approval, the applicant shall submit
plans and complete a Building Code analysis for occupancy changes
and any tenant improvements within the subject building. In addition,
all proper building permits shall be obtained for the church within 120
days of the date of this approval.
Planning and Building
Department,
Planning Services and
Building Divisions
- 8 - PC2020-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
9 That prior to final building and zoning inspection, an automatic fire
sprinkler system shall be designed, installed and maintained in all
structures as required by the Fire Department.
Fire Department
10 That prior to final building and zoning inspection, a fire alarm system
shall be designed, installed and maintained as required by the Fire
Department.
Fire Department
11 That prior to final building and zoning inspection, lockable pedestrian
and/or vehicular access gates shall be equipped with Knox devices as
required and approved by the Fire Department.
Fire Department
12 All remaining fees/deposits required by Public Works department
must be paid in full.
Public Works
Department,
Development Services
13 Final landscaping plans in compliance with all Code requirements
shall be submitted for review and approval by the Planning and
Building Director or his/her designee. Said landscape plan shall
comply with Chapters 10.19 (Landscape Water Efficiency) and 18.46
(Landscaping and Screening) of the City’s Municipal Code. The
submitted plans shall also include details for all proposed walls,
fences, and gates.
Planning and Building
Department,
Planning Services
Division
14 The Applicant shall defend, indemnify, and hold harmless the City and
its officials, officers, employees and agents (collectively referred to
individually and collectively as “Indemnitees”) from any and all
claims, actions or proceedings brought against Indemnitees to attack,
review, set aside, void, or annul the decision of the Indemnitees
concerning this permit or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or to
determine the reasonableness, legality or validity of any condition
attached thereto. The Applicant’s indemnification is intended to
include, but not be limited to, damages, fees and/or costs awarded
against or incurred by Indemnitees and costs of suit, claim or
litigation, including without limitation attorneys’ fees and other costs,
liabilities and expenses incurred by Indemnitees in connection with
such proceeding.
Planning and Building
Department,
Planning Services
Division
15 The subject property shall be developed, operated and maintained
substantially in accordance with the plans and specifications
submitted to the City of Anaheim by the applicant for CUP2018-
05990 and VAR2019-05130.
Planning and Building
Department,
Planning Services
Division
- 9 - PC2020-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
16 Approval of this application constitutes approval of the proposed
request only to the extent that it complies with the Anaheim Municipal
Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable
ordinance, regulation or requirement.
Planning and Building
Department,
Planning Services
Division
17 The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
issuance of the final invoice or prior to the issuance of building
permits for this project, whichever occurs first. Failure to pay all
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
Planning and Building
Department,
Planning Services
Division
18 All new landscaping shall be installed in conformance with Chapter
18.46 “Landscape and Screening” of the Anaheim Municipal Code
and shall be maintained in perpetuity. Landscaping shall be replaced
in a timely manner in the event that it is removed, damaged, diseased
and/or dead.
Planning and Building
Department,
Planning Services
Division
A
T
T
A
C
H
M
E
N
T
N
O
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2
ATTACHMENT NO. 3
ATTACHMENT NO. 4
SITE PHOTOGRAPHS
EAST ELEVATION ALONG ORANGE AVENUE FRONTAGE
SOUTH ELEVATION
ATTACHMENT NO. 5
WEST PARKING LOT
EAST PARKING LOT
SAMPLE CHURCHES WITH FENCES IN FRONT YARD
ISLAMIC INSTITUTE OF ORANGE COUNTY
SAINT BONIFACE CATHOLIC CHURCH
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
ITEM NO. 3
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: FEBRUARY 19, 2020
SUBJECT: ZONING CODE AMENDMENT NO. 2020-00169
LOCATION: Citywide
APPLICANT: City of Anaheim
REQUEST: This is a City-initiated amendment to Title 18 (Zoning) of the Anaheim
Municipal Code (AMC or Code) in response to recent changes to State law pertaining to
Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (J-ADU).
RECOMMENDATION: Staff recommends that the Planning Commission, by motion,
recommend that the City Council determine that the proposed draft ordinance
(Attachment 1) is statutorily exempt from the California Environmental Quality Act
(CEQA) per Public Resources Code Section 21080.17 and CEQA Guidelines Sections
15282(h), 15061(b)(3), 15301, and 15303; and, that the City Council adopt the proposed
ordinance.
BACKGROUND: The Code describes an ADU as:
An attached or detached residential dwelling unit on a lot zoned for residential
use, which provides complete independent living accommodations and facilities
for one or more persons, which includes permanent provisions for living, sleeping,
eating, cooking and sanitation on the same parcel as a legally established single-
family dwelling. An Attached Accessory Dwelling Unit is attached to the main
dwelling unit, having at least one common wall and a common roof with the main
dwelling unit. A Detached Accessory Dwelling Unit is detached from the main
dwelling unit.
The State legislature first adopted regulations for ADU in 1982. As a result, the City has
allowed ADU in single-family zones, in some form or another, since the early 1980s. The
State legislature adopted subsequent amendments to the original law in 1986, 1990, and
1994. Under these earlier regulations, municipalities could require a conditional use
permit for ADU. In 2000, the State legislature approved Assembly Bill (AB) 1866, which
prohibited municipalities from requiring a conditional use permit for ADU. In response
to AB 1866, the City Council adopted regulations for ADU in accordance with State law,
including allowing ministerial approval of ADU. This was completed as part of the
General Plan update and associated comprehensive Zoning Code Amendment in 2004.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ZONING CODE AMENDMENT NO. 2020-00169
February 19, 2020
Page 2 of 8
In 2016, the State legislature passed three bills related to ADU: Senate Bill (SB) 1069, AB 2299, and
AB 2406. In response to these changes in State law, City Council adopted a new ADU Ordinance in
2017 that implemented provisions from State law but also included provisions to ensure newly
constructed ADU were architectually compatible with the main dwelling unit and provided quality
housing for ADU residents.
On October 9, 2019, Governor Gavin Newsom signed into law AB 68 and AB 881, which made
further changes to existing ADU regulations in California Government Code Sections 65852.2 and
65852.22 in an effort to help increase the state’s affordable housing supply. Implementation of AB
68 and AB 881 became mandatory for municipalities as of January 1, 2020. Municipalities have the
option to default to State law for regulations of ADU or they have the option of adopting their own
ordinance as the legislation also gives municipalities a minimal amount of discretion when adopting
respective ADU ordinance. The following summarize these bills.
Junior Accessory Dwelling Units: In 2016, the State legislature passed AB 2406, to allow local
municipalities the option to create a new class of ADU called Junior Accessory Dwelling Unit (J-
ADU). The City elected not to implement the optional provisions of AB 2406. With the adoption of
AB 68, the City is now required to allow J-ADU.
State law defines and regulates a J-ADU as described and illustrated below:
• Located entirely within the footprint of existing home,
• Includes an efficiency kitchen,
• Has a door leading directly to the outside of the house,
• May share a sink and a bathroom with the main home,
• May range in size, from 150 - 500 square feet,
• Not required to have any off-street parking spaces, and
• Not subject to impact fees or utility connection charges.
ZONING CODE AMENDMENT NO. 2020-00169
February 19, 2020
Page 3 of 8
Impact Fees: AB 881 makes significant changes to the way municipalities can assess impact fees on
ADU. Municipalities cannot assess impact fees, such as park in-lieu fees, sewer impact fees, and
traffic impact fees, on ADU that are less than 750 square feet. For ADU larger than 750 square feet,
municipalities can assess impact fees on ADU in proportion to the square footage of the ADU to the
square footage of the main dwelling unit.
Sewer Connection Fees: AB 881 prohibits municipalities from assessing a sewer connection fee on
ADU that are conversions of existing and legally established habitable or non-habitable space, such
as an existing bedroom (habitable) or a garage (non-habitable). For all other ADU, generally limited
to new construction, municipalities may assess a sewer connection fee only if the fee is proportionate
to the burden of the proposed ADU on the jurisdiction’s sewer facilities. Municipalities may calculate
this burden using the square footage of the ADU or the number of sewer related fixtures in the ADU,
such as toilets.
Multiple-Family Residential Zones: AB 881 allows property owners to construct or establish ADU
in multiple-family residential zones. The legislation allows property owners with an existing
multiple-family structure, such as an apartment building, the option of either converting existing non-
habitable space into an ADU or constructing a detached ADU. AB 881 requires municipalities to
allow property owners to convert existing non-habitable space into one ADU, or the equivalent of up
to 25 percent of the existing units, whichever is more. For instance, under State law, a 100-unit
apartment complex with an attached parking garage could convert the parking garage into up to 25
ADU, and State law would not require the property owner to replace the parking spaces removed for
the ADU or require parking. Municipalities must also allow a minimum of up to two ADU on
multiple-family lots when the ADU are detached from the existing multiple-family structure.
Conflicts with the City’s existing Code requirements for ADU and J-ADU: Below is a summary of
the provisions of AB 68 and AB 881 that conflict with the City’s existing Zoning Code:
Criteria Existing Code New Legislation
Junior Accessory Dwelling
Units (J-ADU):
Not permitted. Municipalities must allow
J-ADU within
single-family zones.
Time to act on permit: 120 Days. 60 Days.
Number of units per parcel: One ADU. One ADU and one J-ADU.
Minimum unit size: 400 square feet for a studio and
550 square feet for a one or
two-bedroom.
150 square feet.
Maximum unit size – attached: No larger than 30% of the
existing main dwelling unit or
1,200 square feet,
whichever is less.
1,200 square feet.
ZONING CODE AMENDMENT NO. 2020-00169
February 19, 2020
Page 4 of 8
Criteria Existing Code New Legislation
Maximum unit size – detached: No larger than 50% of the main
dwelling unit or 1,200 square
feet, whichever is less.
1,200 square feet.
Maximum number of
bedrooms:
Two bedrooms. State law does not set a
maximum number of bedrooms
and allows municipalities to
adopt an ordinance to limit the
maximum number of bedrooms
to two bedrooms.
Structural height: Maximum structural height of
15 feet for ADU constructed
within structural setbacks of
the underlying zone. A
detached ADU shall not exceed
the height and the number of
stories of the main dwelling
unit. The standards of the
underlying zone shall apply to
an attached ADU.
Municipalities must allow a
minimum structural height of
16 feet.
Setbacks: The standards of the underlying
zone apply.
Municipalities must allow an
ADU to locate up to four feet
from the side and rear setbacks.
Replacement parking: Any parking space lost due to
the construction of an ADU
must be replaced on-site.
No replacement parking.
Owner occupancy: Owner occupancy required for
all ADU.
No owner occupancy required
for ADU. Owner occupancy
may be required for J-ADU.
Nonconforming conditions: Nonconforming conditions
must be corrected.
Municipalities cannot require
the property owner to correct
existing site conditions that do
not comply with the Zoning
Code.
Design guidelines: Code requires all ADU to be
architecturally compatible with
the main dwelling unit to
preserve the scale and
appearance of the main
dwelling unit and the
neighborhood.
No ADU design guidelines are
provided in State law; however,
municipalities may adopt an
ordinance with design
guidelines for ADU.
ZONING CODE AMENDMENT NO. 2020-00169
February 19, 2020
Page 5 of 8
PROPOSAL: The City proposes to amend Title 18 (Zoning) of the AMC in response to the
aforementioned changes to State law (AB 68 and AB 881) pertaining to ADU and J-ADU. The
proposed code amendment would modify the following chapters of the AMC:
• 18.04 (Single-Family Residential Zones)
• 18.06 (Multiple-Family Residential Zones)
• 18.14 (Public and Special-Purpose Zones)
• 18.36 (Types of Uses)
• 18.38 (Supplemental Use Regulations)
• 18.40 (General Development Standards)
• 18.42 (Parking and Loading)
• 18.92 (Definitions)
• 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1)
ANALYSIS: Staff is recommending that the City Council adopt an ordinance to amend the
Zoning Code to provide consistency with State law for the specific provisions that municipalities
must implement. However, the legislation also gives municipalities a minimal amount of discretion
in adopting their respective Code requirements for ADU. In those instances, staff is recommending
Code requirements that are more restrictive than what State law allows. In addition, staff drafted
the proposed Code amendment in a way that streamlines the development standards to help
property owners understand the different options and regulations associated with the construction
of ADU and J-ADU. The following includes an analysis of the provisions that the City can regulate
as part of its ADU ordinance along with staff’s main recommendations for implementation of these
regulations.
Lot Coverage: While State law prohibits the applicability of lot coverage for ADU that are 800
square feet or less, municipalities can require lot coverage for all other types of ADU and J-ADU.
Staff recommends that the maximum lot coverage standards of the underlying zone apply to both
attached and detached ADU larger than 800 square feet. In addition, lot coverage shall apply to all
building additions associated with J-ADU, which are limited to accommodate ingress or egress.
Structural Height: Staff recommends that the maximum height of a detached ADU not exceed the
height of the main dwelling unit to prevent ADU from being out of scale with the main dwelling
unit. Given that an attached ADU will visually appear as an addition to the main dwelling unit,
staff recommends that the maximum height of an attached ADU be the same as the height
permitted by the underlying zone.
Structural Setbacks: Notwithstanding the setback requirements established by State law,
municipalities have the discretion to determine the minimum structural setbacks of new ADU or
J-ADU along the front of the property. Staff recommends that J-ADU and attached ADU larger
than 800 square feet comply with the existing setbacks of the underlying zone. In addition, new
detached ADU, regardless of size, shall be located no closer to the street than the wall of the main
dwelling unit that is closest to the street to prevent ADU from being the most visible structure
along the primary street frontage, similar to the requirements of the City’s previous ADU
ordinance.
ZONING CODE AMENDMENT NO. 2020-00169
February 19, 2020
Page 6 of 8
Building Separation: State law provides
municipalities with the discretion to establish
building separation requirements between
structures on the same property. Staff
recommends that the City require a minimum
10-foot building separation between a newly
constructed detached ADU and a main
dwelling unit. Staff recommends this
dimension to provide for additional privacy
and to ensure adequate open space between an
existing main dwelling unit and a detached
ADU.
Maximum number of bedrooms: State law
requires municipalities to allow, at minimum,
ADU configurations that include either a
studio, one-bedroom, or two-bedrooms. State
law does not place a maximum bedroom
limitation; it provides municipalities with the
discretion to determine the maximum number
of bedrooms. Staff recommends that the
maximum number of bedrooms be limited to
two bedrooms to ensure that all new ADU
continue to be accessory to the main dwelling
unit on the property.
ZONING CODE AMENDMENT NO. 2020-00169
February 19, 2020
Page 7 of 8
Maximum number of bedrooms: State law requires municipalities to allow, at minimum, ADU
configurations that include either a studio, one-bedroom, or two-bedrooms. State law does not
place a maximum bedroom limitation; it provides municipalities with the discretion to determine
the maximum number of bedrooms. Staff recommends that the maximum number of bedrooms be
limited to two bedrooms to ensure that all new ADU continue to be accessory to the main dwelling
unit on the property.
Design: State law allows municipalities the discretion to ensure that new ADU and J-ADU are
compatible with the main dwelling unit and surrounding neighborhood. Staff recommends several
design standards to ensure that new ADU and J-ADU are architecturally compatible to the main
dwelling unit, including the use of similar colors, textures and materials. Staff also recommends
standards to minimize privacy impacts on the adjacent properties such as requiring that windows
and doors be oriented away from surrounding properties for ADU constructed as a second story.
Historic Preservation: State law allows municipalities the discretion to enforce new or existing
design standards for structures listed in the National Register of Historic Places, California
Register of Historic Places, or the City of Anaheim's local historic inventory. Staff recommends
that all ADU and J-ADU proposed on properties under a Mills Act Contract comply with all Mills
Act guidelines, including design conformance with the United States Secretary of the Interior
Standards. In addition, ADU and J-ADU proposed on properties listed in the National Register of
Historic Places, California Register of Historic Places, or the City of Anaheim's local historic
inventory will be encouraged to comply with the design guidelines outlined in the City of Anaheim
Citywide Historic Preservation Plan.
Impact and Sewer Connection Fees: Due to changes in State law, the City cannot assess park in-
lieu fees, sewer impact fees, or traffic impact fees because the City’s existing fee structure for
ADU is not proportional to the square footage of the main dwelling unit. Therefore, the City will
not collect any impact or sewer connection fees for ADU until the City Council approves a fee
study that is consistent with State law.
Junior Accessory Dwelling Units: With the adoption of AB 68, the City is now required to allow
J-ADU. State law allows municipalities the option to require owner occupancy of a property with
a new J-ADU. Staff has included the requirement for the recordation of a deed restriction that
requires owner-occupancy for any property with a J-ADU in the draft ordinance. The owner may
reside in the remaining portion of the home or within the newly created J-ADU. State law prohibits
requiring owner-occupancy for ADU. Given that State law would allow a property owner to have
a main dwelling unit, an ADU and a J-ADU, the proposed provision would ensure that the property
owner is on-site for this potential densification of land use. Prior to this change in State law, the
City required owner occupancy for all properties with an ADU.
Prohibited Areas: State law allows municipalities to prohibit ADU and J-ADU in areas that the
City has identified, by resolution of the City Council, to be areas with insufficient sewer
infrastructure as a matter of public health and safety. Staff will continue to enforce the prohibition
of ADU and J-ADU within areas of insufficient sewer infrastructure to protect public health and
safety.
ZONING CODE AMENDMENT NO. 2020-00169
February 19, 2020
Page 8 of 8
Ordinance Review: As required by AB 881, Staff will submit a copy of the adopted ordinance to
the California Department of Housing and Community Development (HCD) within 60 days after
adoption by City Council, for review and compliance with AB 881 and AB 68.
Environmental Impact Analysis: This ordinance is statutorily exempt from the requirements of the
California Environmental Quality Act (CEQA) per Public Resources Code (PRC) Section
21080.17 and CEQA Guidelines Sections 15282 (h); 15061(b)(3); 15301, Class 1 (Existing
Facilities); and, 15303, Class 3 (New Construction or Conversion of Small Structures). PRC
Section 21080.17 states that CEQA does not apply to the adoption of an ordinance to implement
the provisions of Section 65852.2 of the Government Code (GC). This section of the GC pertains
to ADU and is the purpose of the proposed ordinance. Section 15282(h) of the CEQA Guidelines
reiterates PRC Section 21080.17. In addition, the construction of ADU and J-ADU will occur
within existing residential buildings or as new or converted structures that are a maximum of 1,200
square feet, which would make the ordinance categorically exempt under Sections 15301 and
15303 of the CEQA Guidelines. Furthermore, pursuant to Sections 15061(b)(3)(the “common
sense exemption”), 15300.02 (c), 15301 and 15303 of the CEQA Guidelines, there are no unusual
circumstances in respect to the proposed ordinance for which staff would anticipate a significant
effect on the environment.
CONCLUSION: The proposed amendments are in response to recent changes to State law
pertaining to ADU and J-ADU. The new State law includes specific provisions that municipalities
must implement; however, the legislation gives the City minimal discretion in adopting its ADU
ordinance. Staff intends its recommendations for implementation of the new ordinance to minimize
impacts to surrounding and existing residential neighborhoods while ensuring compliance with
State law. As such, staff recommends that the Planning Commission, by motion, recommend
approval of the proposed Zoning Code Amendment to the City Council.
Prepared by, Submitted by,
Lisandro Orozco Susan Kim, AICP, LEED ND
Associate Planner Principal Planner
Attachments:
1. Draft Ordinance
2. Redline Draft Ordinance
1
ATTACHMENT NO. 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTERS 18.04 (SINGLE -FAMILY
RESIDENTIAL ZONES); 18.06 (MULTIPLE-FAMILY
RESIDENTIAL ZONES); 18.14 (PUBLIC AND
SPECIAL-PURPOSE ZONES); 18.36 (TYPES OF
USES); 18.38 (SUPPLEMENTAL USE
REGULATIONS); 18.40 (GENERAL DEVELOPMENT
STANDARDS); 18.42 (PARKING AND LOADING);
18.92 (DEFINITIONS); and 18.122 (BEACH
BOULEVARD SPECIFIC PLAN NO. 2017-1 (SP 2017-
1) OF TITLE 18 (ZONING) OF THE ANAHEIM
MUNICIPAL CODE; AND FINDING AND
DETERMINING THAT THIS ORDINANCE IS
EXEMPT FROM THE REQUIREMENTS TO
PREPARE ADDITIONAL ENVIRONMENTAL
DOCUMENTATION PER PUBLIC RESOURCES
CODE SECTION 21080.17 AND CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
GUIDELINES SECTIONS 15282(H), 15061(B)(3);
15301, CLASS 1 (EXISTING FACILITIES); AND,
15303, CLASS 3 (NEW CONSTRUCTION OR
CONVERSION OF SMALL STRUCTURES)
BECAUSE IT WILL NOT HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT.
(ZONING CODE AMENDMENT NO. 2020-00169)
(ADJUSTMENT NO. 2 TO THE BEACH BOULEVARD SPECIFIC PLAN NO. 2017-1
(SPN2017-00001B))
(DEV2020-00001)
WHEREAS the State of California has identified housing construction as a statewide
priority and the legislature has adopted numerous reforms and incentives to facilitate and expedite
its production of housing including recent changes to State law to reduce barriers, streamline
approvals and encourage the development of Accessory Dwelling Units and Junior Accessory
Dwelling Units; and
WHEREAS on October 9, 2019, the Governor of California approved Assembly Bill No.
881 (Chapter 659, Reg. Sess. 2019) ("AB 881"), which eliminated perceived barriers to the
development of Accessory Dwelling Units in single-family and multiple-family residential zones;
and
WHEREAS on October 9, 2019, the Governor of California approved Assembly Bill No.
68 (Chapter 655, Reg. Sess. 2019) ("AB 68"), which requires a local government to ministerially
approve Junior Accessory Dwelling Units in single-family residential zones; and
2
WHEREAS, the purpose of this ordinance is to comply with State law regarding the
development of Accessory Dwelling Units and Junior Accessory Dwelling Units to implement the
goals and policies of the Housing Element of the Anaheim General Plan. It is also the purpose of
this ordinance to preserve the integrity and character of residential neighborhoods; and
WHEREAS from time to time and by resolution, the City Council may identify areas of
the City with insufficient water and sewer services and where Accessory Dwelling Units and
Junior Accessory Dwelling Units result in impacts to traffic circulation and public safety and
therefore Accessory Dwelling Units and Junior Accessory Dwelling Units may not be permitted
in such areas; and
WHEREAS, the City Council finds that the ordinance complies with State law regarding
the development of Accessory Dwelling Units and Junior Accessory Dwelling Units, and
implements the goals and policies of the Housing and Public Services and Facilities Elements of
the General Plan by ensuring that adequate housing to meet the needs of the community is served
by adequate public utility infrastructure; and
WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI,
Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council")
has the authority to enact and enforce ordinances and regulations for the public peace, morals and
welfare of the City of Anaheim (the "City") and its residents; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code
Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for
Implementation of the California Environmental Quality Act (commencing with Section 15000 of
Title 14 of the California Code of Regulations; herein referred to as the “State CEQA Guidelines”),
the City is the “lead agency” for the preparation and consideration of environmental documents
for this ordinance; and
WHEREAS, the City Council finds and determines that this ordinance is exempt from the
requirements to prepare additional environmental documentation per Public Resources Code
Section 21080.17 and California Environmental Quality Act (CEQA) Guidelines Sections 15282
(h), 15061(b)(3); 15301, Class 1 (Existing Facilities); and, 15303, Class 3 (New Construction or
Conversion of Small Structures); and
WHEREAS, the City Council determines that this ordinance is a matter of City-wide
importance and necessary for the preservation and protection of the public peace, health, safety
and/or welfare of the community and is a valid exercise of the local police power and in accord
with the public purposes and provisions of applicable State and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Table 4-B (Accessory Uses and Structures: Single-Family Residential
Zones) of Chapter 18.04 (Single-Family Residential Zones) of Title 18 (Zoning) of the Anaheim
Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
3
Table 4-B
ACCESSORY USES AND
STRUCTURES:
SINGLE-FAMILY RESIDENTIAL
ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
RH-
1
RH-
2
RH-
3
RS-
1
RS-
2
RS-
3
RS-
4
Special Provisions
Accessory
Living Quarters
P P P P P N N Subject to 18.04.080.020 &
18.38.020
Accessory
Dwelling Unit
P P P P P P P Subject to 18.38.015
Accessory
Dwelling Unit -
Junior
P P P P P P P Subject to 18.38.015
Agricultural
Workers
Quarters
P P N N N N N Requires a minimum lot size
of ten (10) acres
Animal
Keeping
P P P P P P P Subject to 18.38.030, except
that in the RH-2 Zone,
equine, bovine, sheep, goats
& swine may be kept, stabled,
tethered or otherwise
maintained on minimum
22,000 sq. ft. parcels
Antennas–Dish P P P P P P P Subject to 18.38.050 (may
require a conditional use
permit)
Antennas–
Receiving
P P P P P P P Subject to 18.38.050
Day Care–
Large Family
P P P P P P P Subject to 18.38.140
Day Care–
Small Family
P P P P P P P
Fences & Walls P P P P P P P Subject to 18.46.110; this use
may occur on a lot with or
without a dwelling
Greenhouses–
Private
P P P P P N N
Home
Occupations
P P P P P P P Subject to 18.38.130
Landscaping &
Gardening
P P P P P P P Subject to Chapter 18.46; this
use may occur on a lot with
or without a dwelling
Mechanical &
Utility
Equipment–
P P P P P P P Subject to 18.38.160
4
Table 4-B
ACCESSORY USES AND
STRUCTURES:
SINGLE-FAMILY RESIDENTIAL
ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
RH-
1
RH-
2
RH-
3
RS-
1
RS-
2
RS-
3
RS-
4
Special Provisions
Ground
Mounted
Mechanical &
Utility
Equipment–
Roof Mounted
N N N P P P P Subject to 18.38.170
Parking Lots &
Garages
P P P P P P P To serve needs of primary use
only; four-car limit for
garages in RS-1 and RS-2
Zones
Petroleum
Storage–
Incidental
P P P P P P P
Recreation
Buildings &
Structures
P P P P P P P
Short-Term
Rentals
P P P P P P P Subject to an administrative
use permit as provided in
Chapter 4.05
Solar Energy
Panels
P P P P P P P Subject to § 18.38.170
Signs P P P P P P P Subject to Chapter 18.44
SECTION 2. That Subsection .30 Section 18.04.070 (Structural Heights) of Chapter 18.04
(Single-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and
the same is hereby, amended and restated to read in full as follows:
.030 Accessory Buildings. Non-habitable and habitable accessory structures, including
but not limited to, garages, garden and storage sheds, and accessory living quarters, shall not
exceed a height of one (1) story or sixteen (16) feet, whichever is less. This provision shall not
apply to structures that are located outside of all required setback areas and comply with the same
provisions as the main dwelling. All accessory structures encroaching into required setback areas
may be subject to additional height restrictions as outlined in Section 18.04.100 (Table 4-J —
Permitted Encroachments for Accessory Uses/Structures: Single- Family Residential Zones).
SECTION 3. That Table 6-B (Accessory Uses and Structures: Multiple-Family Residential
Zones) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim
Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
5
Table 6-B
ACCESSORY USES AND
STRUCTURES:
MULTIPLE-FAMILY
RESIDENTIAL ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
RM-
1
RM-
2
RM-
3
RM-
3.5
RM-
4
Special Provisions
Accessory
Dwelling Unit
P P P P P Subject to 18.38.015
Accessory
Dwelling Unit -
Junior
P P P P P Subject to 18.38.015; only allowed
on properties with an existing
single-family residence
Animal Keeping P P P P P Subject to § 18.38.030
Antennas–Dish P P P P P Subject to § 18.38.050 (may require
conditional use permit)
Antennas–
Receiving
P P P P P Subject to § 18.38.050
Day Care–Large
Family
P P P P P Subject to § 18.38.140
Day Care–Small
Family
P P P P P
Fences & Walls P P P P P Subject to § 18.46.110; a fence or
wall may occur on a lot with or
without any other primary use
structure
Home
Occupations
P P P P P Subject to § 18.38.130
Landscaping &
Gardens
P P P P P Subject to Chapter 18.46; this use
may occur on a lot with or without
any other primary use structure
Mechanical &
Utility
Equipment–
Ground Mounted
P P P P P Subject to § 18.38.160
Mechanical &
Utility
Equipment–
Roof Mounted
P P P P P Subject to § 18.38.170
Parking Lots &
Garages
P P P P P To serve needs of primary use only
Recreation
Buildings &
Structures
P P P P P
Short-Term
Rentals
P P P P P Subject to an administrative use
permit as provided in Chapter 4.05
6
Table 6-B
ACCESSORY USES AND
STRUCTURES:
MULTIPLE-FAMILY
RESIDENTIAL ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
RM-
1
RM-
2
RM-
3
RM-
3.5
RM-
4
Special Provisions
Signs P P P P P Subject to Chapter 18.44
Solar Energy
Panels
P P P P P Must be mounted on the roof and, if
visible from the street level, must
be parallel to the roof plane
Valet Parking M M M M M
Vending
Machines
P P P P P Shall be screened from view from
adjacent non-industrial property
and public rights-of-way
SECTION 4. That Table 14-B (Accessory Uses and Structures: Public and Special-
Purpose Zones) of Chapter 18.14 (Public and Special-Purpose Zones) of Title 18 (Zoning) of the
Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as
follows:
Table 14-B
ACCESSORY USES AND
STRUCTURES:
PUBLIC AND SPECIAL-
PURPOSE ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
OS PR SP T Special Provisions
Accessory
Dwelling Unit
N N N P One Accessory Dwelling Unit allowed on a single-
family detached dwelling unit on one legal lot in
existence on July 8, 2004, the effective date of Ord.
5920, with a General Plan Residential Land Use
designation of Estate, Low Density, Low-Medium
Hillside Density and Low-Medium Density. The
development standards of the RS-2 Zone shall apply
for lots 7,200 square feet or greater in size. The
development standards of the RS-3 Zone shall apply
for lots that are less than 7,200 square feet in size.
Accessory
Dwelling Unit –
Junior
N N N P One Accessory Dwelling Unit - Junior allowed on a
single-family detached dwelling unit on one legal lot
in existence on July 8, 2004, the effective date of Ord.
5920, with a General Plan Residential Land Use
designation of Estate, Low Density, Low-Medium
Hillside Density and Low-Medium Density. The
development standards of the RS-2 Zone shall apply
for lots 7,200 square feet or greater in size. The
development standards of the RS-3 Zone shall apply
for lots that are less than 7,200 square feet in size.
7
Table 14-B
ACCESSORY USES AND
STRUCTURES:
PUBLIC AND SPECIAL-
PURPOSE ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
OS PR SP T Special Provisions
Accessory
Entertainment
N P P P Subject to § 18.16.060 in conjunction with a
commercial use
Agricultural
Workers
Quarters
N N N P Allowed only if agricultural operation on the lot is a
minimum of 10 acres; no kitchens are allowed
Animal Keeping P P P P Only in conjunction with residence; subject to §
18.38.030
Antennas–Dish P P P P Subject to § 18.38.050
Antennas–
Receiving
P P P P Subject to § 18.38.050
Bingo
Establishments
N N P P Subject to Chapter 7.34
Caretaker Units P P P P Subject to § 18.38.090
Day Care–Large
Family
N N N P Subject to § 18.38.140
Day Care–Small
Family
N N N P
Fences & Walls P P P P Subject to § 18.40.050; this use may occur on a lot
without a primary use
Home
Occupations
P P P P Only in conjunction with a residence; subject to §
18.38.130
Landscaping &
Gardens
P P P P Subject to Chapter 18.46; this use may occur on a lot
without a primary use
Mechanical &
Utility
Equipment–
Ground Mounted
P P P P Subject to § 18.38.160
Mechanical &
Utility
Equipment–
Roof Mounted
P P P P Subject to § 18.38.170
Parking Lots &
Garages
P P P P To serve needs of primary use only
Petroleum
Storage–
Incidental
N N N P
Portable Food
Carts
N P P P Subject to § 18.38.210
Recreation
Buildings &
Structures
P P P P
8
Table 14-B
ACCESSORY USES AND
STRUCTURES:
PUBLIC AND SPECIAL-
PURPOSE ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
OS PR SP T Special Provisions
Recycling
Services–
Consumer
N P P P Subject to Chapter 18.48
Signs P P P P Subject to Chapter 18.44
Solar Energy
Panels
P P P P Must be mounted on the roof and, if visible from the
street level, must be parallel to the roof plane
Valet Parking M M M M
Vending
Machines
P P P P Shall be screened from view from public rights-of-
way and shall not encroach onto sidewalks
SECTION 5. That Section 18.36.050 (Accessory Use Classes) of Chapter 18.36 (Types of
Uses) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended
and restated to read in full as follows:
18.36.050 ACCESSORY USE CLASSES.
The following use classes are intended to describe only those uses that are
incidental to and customarily associated with a primary use or main structure located on
the same lot.
.005 Accessory Dwelling Unit. This use class consists of a residential dwelling
unit that provides complete independent living facilities for one or more persons and is
located on a lot zoned for residential use with a proposed or existing main dwelling unit. It
shall include permanent provisions for living, sleeping, eating, cooking, and sanitation
independent from the main dwelling unit. An Attached Accessory Dwelling Unit is
attached to the main dwelling unit, having at least one (1) common wall and a common
roof with the main dwelling unit. A Detached Accessory Dwelling Unit is detached from
the main dwelling unit.
.010 Accessory Dwelling Unit - Junior. This use class consists of a residential
dwelling unit that is no more than 500 square feet in size, includes an efficiency kitchen,
and is contained entirely within a single-family residence. An Accessory Dwelling Unit -
Junior may include separate sanitation facilities or may share sanitation facilities with the
existing structure.
.015 Accessory Living Quarters. This use class consists of habitable space for
non-paying guests or household employees, for an allowable residence located on the same
residentially zoned lot.
.020 Agricultural Workers Quarters. This use class consists of dwellings
occupied by employees primarily engaged in commercial agricultural operations, and
located on land owned or rented by the agricultural operator. Family members of the
agricultural employees may also live in the same unit.
.030 Amusement Devices. This use class consists of six (6) or fewer amusement
devices, and any number of amusement devices that occupy forty-nine percent (49%) or
less of the public floor area of an establishment.
9
.035 Automated Teller Machines (ATM's). This use class consists of cash
dispensing machines that are typically located inside an existing business.
.040 Animal Keeping. This use class consists of keeping of pets and other
domesticated animals owned by occupants of the lot, and not kept for remuneration, hire
or sale.
.050 Antennas–Dish. This use class consists of circular or nearly circular
antennas used for the reception of electronic signals relayed by satellites moving through
the sky.
.060 Antennas–Receiving. This use class consists of roof-mounted antennas used
for the reception of television, radio or other electronic signals from ground-mounted
transmitting antennas or relay stations.
.070 Bingo Establishments. This use class consists of establishments that offer
bingo games to the public for the purpose of fundraising for an organization.
.080 Caretaker Units. This use class consists of one dwelling unit per lot, used
for the sole purpose of providing security, maintenance or similar services for an allowable
non-residential use located on the same non-residentially zoned lot.
.090 Day Care–Large Family. This use class consists of a day care facility
located in a single-family residence, where an occupant of the residence provides care and
supervision for between nine (9) and fourteen (14) children less than eighteen (18) years
of age for periods of fewer than twenty-four (24) hours per day. Children less than the age
of ten (10) years who reside in the home count as children served by the facility.
.100 Day Care–Small Family. This use class consists of a day care facility
located in a single-family residence, where an occupant of the residence provides care and
supervision for eight (8) or fewer children less than eighteen (18) years of age for periods
of fewer than twenty-four (24) hours per day. Children less than the age of ten (10) years
who reside in the home count as children served by the facility.
.105 Entertainment–Accessory. This use class consists of accessory
entertainment offered in conjunction with a restaurant as defined in Section 18.92.210 of
this code or other primary land use. The entertainment provided is intended to be part of
the service provided at the establishment and is not the primary draw of customers to the
establishment. The entertainment is not the primary source of income for the establishment.
Typical land uses are coffee houses with live music, restaurants with live music, and
accessory music within a bar.
.110 Fences & Walls. This use class consists of a continuous barrier, including
gates that separate, screens, encloses or marks the boundary of a lot or development. The
barrier may consist of man-made materials, vegetative materials, earthen berms, or other
natural or fabricated barrier.
.120 Greenhouses–Private. This use class consists of a greenhouse, detached
from the main dwelling and no larger than twenty percent (20%) of the main dwelling, used
for gardening purposes. An attached greenhouse is considered to be part of the main
dwelling.
.130 Home Occupations. This use class consists of an occupation that is carried
on in any approved dwelling unit by the resident of the dwelling unit, and is incidental to
the use of the dwelling unit such that it does not change the residential character of the unit
or neighborhood.
.140 Landscaping & Gardens. This use class consists of the noncommercial
growing of trees, shrubs, flowers, gardens and other natural planting materials, as well as
the use of non-vegetative landscaping materials.
10
.150 Mechanical & Utility Equipment–Ground Mounted. This use class consists
of ground-mounted mechanical or utility equipment, such as compressors, condensers,
pipes used for heating and cooling, water backflow devices, above-ground fire lines, pad-
mounted transformers, electric vehicle charging stations and other activities associated
with and incidental to the main and accessory building.
.160 Mechanical & Utility Equipment–Roof Mounted. This use class consists of
roof-mounted mechanical or utility equipment, such as compressors, condensers, pipes,
vents, ducts, and other activities associated with and incidental to the main building.
.170 Outdoor Displays. This use class consists of the display of merchandise
outside of an enclosed structure for the purpose of showing the merchandise to potential
buyers or users.
.180 Outdoor Storage. This use class consists of overnight storage of materials
or finished products that are associated with and incidental to the primary use of the site.
.190 Parking Lots & Garages. This use class consists of open parking lots and
structures, including garages and carports, designed to be used for parking automobiles.
The overnight storage of work related vehicles used during business hours is included in
this use class.
.195 Valet Parking. A parking service provided to accommodate users of an
establishment, which service is incidental to the establishment and by which an attendant
on behalf of the establishment takes temporary custody of the users’ vehicles and moves,
parks, stores or retrieves the vehicle.
.200 Petroleum Storage–Incidental. This use class consists of the storage of
petroleum products, such as small quantities of gasoline, oil and lighter fluid, for use on-
site, but not for resale or use off-site.
.210 Portable Food Carts. This use class consists of portable carts from which
coffee, non-alcoholic drinks, or prepared food is sold, and that are removed during the
hours when the principle use with which they are associated is not operational.
.220 Recreation Buildings & Structures. This use class consists of recreational
uses associated with residential dwellings, such as swimming pools, cabanas, dressing
rooms, private noncommercial workshops, barns, tennis and paddleball courts, play
equipment, and non-habitable tree houses.
.225 Recycling Services–Consumer. This use class consists of small-scale waste
collection facilities as defined as a "Reverse Vending Machine" and "Small Collection
Facility" in Chapter 18.48 (Recycling Facilities).
.230 Retail Floor, Wall & Window Coverings. This use class consists of the sale
of tile, floor coverings, wall coverings, and window coverings as an accessory use to a
primary permitted industrial use.
.250 Repealed by Ord. XX, DATE
.260 Short-Term Rentals. This use class consists of the rental of an approved
short-term rental unit for occupancy, dwelling, lodging or sleeping purposes for a period
of less than thirty (30) consecutive calendar days in duration in a zoning district where
residential uses are allowed.
.270 Signs. This use class consists of any device used for visual communication
intended to attract the attention of the public and that is visible from a public right-of-way
or other properties. Items of merchandise normally displayed within a show window of a
business are not included.
.280 Solar Energy Panels. This use class consists of any solar collector(s) or other
solar energy device(s) whose primary purpose is to provide for the collection of solar
energy for space heating, space cooling, electric generation, or water heating.
11
.290 Thematic Elements. This use class consists of non-occupiable structures
that are intended to add interest to a specific area. Examples include gateways, towers,
public art displays, monuments, fountains, sculptures, spires, and similar architectural
features.
.300 Vending Machines. This use class consists of an unattended, self-service
device that, upon insertion of a coin or token, dispenses something of value, including food,
beverages, merchandise or services.
.310 Warehousing & Storage-Outdoors. This use class consists of the outdoor
storage of equipment, materials, and finished products or refuse basic to the operations of
permitted uses, other than the storage classified under the "Outdoor Storage Yards" use
class.
SECTION 6. That Section 18.38.015 (Accessory Dwelling Units) of Chapter 18.38
(Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the
same is hereby, amended and restated to read in full as follows:
18.38.015 ACCESSORY DWELLING UNITS AND ACCESSORY DWELLING UNITS
- JUNIOR.
.010 Intent. The City recognizes the importance of livable housing and an
attractive, suitable living environment for all residents. The State Legislature has declared
that Accessory Dwelling Units and Junior Accessory Dwelling Units are a valuable form
of housing in California. It is the intent of the City to permit Accessory Dwelling Units
and Junior Accessory Dwelling Units, in conformance with State law, in all those areas
and subject to standards that will ensure the units contribute to a suitable living
environment for people of all ages and economic levels, while preserving the integrity and
character of residential neighborhoods. It is not the intent of this section to override lawful
use restrictions as may be set forth in conditions, covenants and restrictions or similar
instruments.
.015 Definitions. For the purposes of this Section, the following words, terms,
and phrases shall have the following meanings:
.0051 “Efficiency Kitchen” A room used, or intended or designed to be
used, for cooking or the preparation of food that includes at minimum a cooking facility
with appliances, food preparation counter, and storage cabinets.
.0052 “Kitchen” A room used, or intended or designed to be used, for
cooking or the preparation of food that includes at minimum a stove, preparation counter,
storage cabinets, refrigerator, and sink.
.0053 “Sanitation Facility” A room that includes a toilet compartment,
sink with hot and cold water taps, and shower with or without a bathtub.
.0054 “Junior Accessory Dwelling Unit” A use class defined as an
Accessory Dwelling Unit - Junior in subsection .010 of Section 18.36.050 (Accessory Use
Classes).
.020 Multiple-Family Zones. For development of Accessory Dwelling Units in
zones that allow multiple-family dwellings, the provisions of Government Code Section
65852.2 shall apply as the same may be amended from time to time:
.0151 A local agency shall allow at least one Accessory Dwelling Unit
within an existing multiple-family dwelling and shall allow up to 25 percent of the existing
multiple-family dwelling units.
12
.0152 Not more than two Accessory Dwelling Units that are located on a
lot that has an existing multiple-family dwelling, but are detached from that multiple-
family dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side
setbacks.
.025 Density Provisions. An Accessory Dwelling Unit or Junior Accessory
Dwelling Unit that conforms to the requirements of this section shall not be considered to
exceed the allowable density for the lot upon which such unit is proposed to be established,
and shall be deemed to be an accessory residential use which is consistent with the existing
general plan and zoning designations for the lot.
.030 Number of Units Per Parcel. No more than one (1) Accessory Dwelling
Unit and one (1) Junior Accessory Dwelling Unit shall be allowed on a single lot.
.040 Existing Lot and Uses. An Accessory Dwelling Unit or Junior Accessory
Dwelling Unit shall be allowed if the existing lot and dwelling meet the following
requirements:
.0401 The lot on which the Accessory Dwelling Unit or Junior Accessory
Dwelling Unit is proposed to be established shall contain one existing or proposed
permanent main dwelling unit, and no existing accessory living quarters, unless the
proposal includes demolition or modification of such facility so as to comply with the
provisions of this section; and
.0402 The Accessory Dwelling Unit is allowed in the zone in which it is
proposed.
.050 Prohibited Locations. Accessory Dwelling Units or Junior Accessory
Dwelling Units are not permitted in any area of the City identified, by resolution of the
City Council, to be areas with insufficient sewer infrastructure where accessory dwelling
units result in impacts to the public health and safety.
.060 Development Standards. The following development standards contained
in Table 38-A (Accessory Dwelling Unit Development Standards) apply based on the type
of unit and the applicable development standards. These standards shall apply to Accessory
Dwelling Units and Junior Accessory Dwelling Units:
Table 38-A: Accessory Dwelling Unit Development Standards
Junior
Accessory
Dwelling Unit
Accessory Dwelling Unit
≤ 800 square feet
Accessory Dwelling Unit
> 800 square feet
Minimum
Unit Size
150 square feet. 150 square feet. 150 square feet.
Maximum
Unit Size
500 square feet.1
1Up to 150
square feet may
be added to an
existing main
dwelling unit to
accommodate
ingress or
egress, but the
800 square feet. Attached Detached
50% of main
dwelling
unit2
or
1,200 square
feet
1,200 square
feet.
13
Table 38-A: Accessory Dwelling Unit Development Standards
Junior
Accessory
Dwelling Unit
Accessory Dwelling Unit
≤ 800 square feet
Accessory Dwelling Unit
> 800 square feet
overall unit size
shall not exceed
500 square feet.
(whichever
is less).
2Studio and
one-bedroom
units
permitted up
to 850
square feet.
Two
bedroom
units
permitted up
to 1,000
square feet.
Lot
Coverage
The standards of
the underlying
zone shall
apply.
Not Applicable. The standards of the underlying
zone shall apply.
Structural
Setbacks
The standards of
the underlying
zone shall
apply.
Front: Underlying zone3
Side: 4 feet
Rear: 4 feet
3A detached Accessory
Dwelling Unit shall be
located no closer to the front
property line than the front-
most building wall of the
main dwelling unit; except
for Accessory Dwelling
Units resulting from the
conversion of an existing
garage, carport, or covered
parking structure.
Attached Detached
Front:
Underlying
Zone
Side:
Underlying
Zone
Rear:
Underlying
Zone
Front:
Underlying
Zone4
Side: 4 feet
Rear: 4 feet
4A detached
Accessory
Dwelling Unit
shall be located
no closer to the
front property
line than the
front-most
building wall of
the main
dwelling unit;
except for
14
Table 38-A: Accessory Dwelling Unit Development Standards
Junior
Accessory
Dwelling Unit
Accessory Dwelling Unit
≤ 800 square feet
Accessory Dwelling Unit
> 800 square feet
Accessory
Dwelling Units
resulting from
the conversion
of an existing
garage, carport,
or covered
parking
structure.
Structural
Height
The standards of
the underlying
zone shall
apply.
Attached Detached Attached Detached
The
standards
of the
underlying
zone shall
apply.
In addition to
meeting the
height of the
underlying
zone in which
it is located,
any additional
height
associated
with a
detached
Accessory
Dwelling Unit
shall not
exceed the
height and the
number of
stories of the
main dwelling
unit.
The
standards of
the
underlying
zone shall
apply.
In addition to
meeting the
height of the
underlying zone
in which it is
located, any
additional
height
associated with
a detached
Accessory
Dwelling Unit
shall not exceed
the height and
the number of
stories of the
main dwelling
unit.
Building
Separation
Not Applicable. A detached Accessory
Dwelling Unit shall have a
minimum separation of 10
feet between the main
dwelling unit and the
detached Accessory
Dwelling Unit.
A detached Accessory
Dwelling Unit shall have a
minimum separation of 10 feet
between the main dwelling unit
and the detached Accessory
Dwelling Unit.
15
Table 38-A: Accessory Dwelling Unit Development Standards
Junior
Accessory
Dwelling Unit
Accessory Dwelling Unit
≤ 800 square feet
Accessory Dwelling Unit
> 800 square feet
Maximum
Number of
Bedrooms
Studio. Two bedrooms. Two bedrooms.
Access Must have
independent
entrance from
the exterior into
the Junior
Accessory
Dwelling Unit.
Must have independent
entrance from the exterior
into the Accessory Dwelling
Unit.
Must have independent
entrance from the exterior into
the Accessory Dwelling Unit.
Kitchen Efficiency
Kitchen.
Kitchen. Kitchen.
Sanitation
Facility
May share
Sanitation
Facility with
main dwelling
unit.6
or
May have
separate
Sanitation
Facility.
6When sharing
Sanitation
Facilities with
the main
dwelling unit,
interior access
shall be
provided
between the
main dwelling
unit and the
Junior
Accessory
Dwelling Unit.
Sanitation Facility. Sanitation Facility.
16
.0601 Utility Services. The Accessory Dwelling Unit or Junior Accessory
Dwelling Unit may be metered separately from the main dwelling unit for gas, electricity,
communications, water and sewer services. For new construction, a separate utility
connection may be required directly between the Accessory Dwelling Unit and the utility.
.0602 Accessory Dwelling Units shall not be required to provide fire
sprinklers if they are not required for the primary residence;
.0603 Patio covers, semi-enclosed patio covers, enclosed patio covers, and
porches that are attached to an Accessory Dwelling Unit or Junior Accessory Dwelling
Unit shall comply with requirements of the underlying zone.
.070 Design. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit
shall conform to the following design standards:
.0701 Exterior stairs and doors shall not be visible from any public right-
of-way, excluding alleys;
.0702 The design, color, material and texture of the roof shall be
substantially the same as the main dwelling unit;
.0703 The color, material and texture of all building walls shall be similar
to, and compatible with, the main dwelling unit;
.0704 The architectural style of the Accessory Dwelling Unit or Junior
Accessory Dwelling Unit shall be the same or similar to the main dwelling unit, or, if no
architectural style can be identified, the design of the Accessory Dwelling Unit or Junior
Accessory Dwelling Unit shall be architecturally compatible with the main dwelling unit,
and shall maintain the scale and appearance of the main dwelling unit;
.0705 If the Accessory Dwelling Unit is constructed above the main
dwelling unit or garage, all windows and doors shall be designed to minimize the privacy
impacts onto adjacent properties including, but are not limited to, window placement above
eye level, windows and doors located toward the existing on-site residence;
.0706 Permitted driveways and walkways shall occupy no more than fifty
percent (50%) of the required street setback area, in compliance with Section
18.46.100.050.0501;
.0707 When a garage, carport, or covered parking structure that is visible
from any public right-of-way is converted or demolished in conjunction with the
construction of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, the design
shall incorporate features to match the scale, materials and landscaping of the original main
dwelling unit that preserve the existing streetscape and character of the surrounding
neighborhood; and
.0708 Adequate access by emergency services to the main dwelling unit,
Accessory Dwelling Unit, and Junior Accessory Dwelling Unit shall be provided.
.080 Parking. Parking for the Accessory Dwelling Unit or Junior Accessory
Dwelling Unit shall be provided in accordance with Section 18.42.030 (Residential Parking
Requirements).
.090 Historic Buildings.
.0901 An Accessory Dwelling Unit or Junior Accessory Dwelling Unit
proposed for any lot that includes a building listed in the National Register of Historic
Places, California Register of Historic Places, or the City of Anaheim's local historic
inventory shall conform to the requirements for the historic structure;
.0902 An Accessory Dwelling Unit or Junior Accessory Dwelling Unit
proposed for a property under a Mills Act Contract must comply with all Mills Act
17
guidelines, including design conformance with the United States Secretary of the Interior
Standards;
.0903 An Accessory Dwelling Unit or Junior Accessory Dwelling Unit
proposed for any lot that includes a building listed in the National Register of Historic
Places, California Register of Historic Places, or the City of Anaheim's local historic
inventory are encouraged to comply with the design guidelines outlined in the City of
Anaheim Citywide Historic Preservation Plan and other historic preservation plans as may
be approved by the City Council; and
.0904 Notwithstanding the foregoing, if the City Council acts to establish
mandatory design standards for historically classified structures, the Accessory Dwelling
Unit or Junior Accessory Dwelling Unit shall conform to the mandatory standards.
.100 Code Compliance. The Accessory Dwelling Unit or Junior Accessory
Dwelling Unit shall be constructed in accordance with provisions of the latest edition of
building and other codes adopted by the City.
.105 Sale or Conveyance of an Accessory Dwelling Unit.
.1051 An Accessory Dwelling Unit may be rented separate from the main
dwelling unit but may not be sold or otherwise conveyed separate from the main dwelling
unit.
.110 Ownership and Occupancy for Junior Accessory Dwelling Units.
.1101 Owner Occupancy Required. One of the residential dwellings on a
lot on which the Junior Accessory Dwelling Unit is proposed to be established shall be
occupied as the primary residence of the owner of the lot, and shall not be rented or leased
as long as the Junior Accessory Dwelling Unit exists. Owner occupancy shall not be
required if the owner is another governmental agency, land trust, or housing organization;
.1102 Rental Occupancy. The residential unit that is not occupied by the
owner of the property in conformance with this subsection may be rented for no less than
30 consecutive days at any time; and
.1103 Sale or ownership of a Junior Accessory Dwelling Unit separate
from the main dwelling unit is prohibited.
.120 Deed Restrictions. Prior to issuance of a building permit for a Junior
Accessory Dwelling Unit, the property owner shall execute a covenant setting forth the
Ownership and Occupancy requirements and the following minimum requirements, in a
form and substance satisfactory to the Planning and Building Department and City
Attorney's Office, which shall be recorded in the office of the Orange County Recorder:
.1201 The Junior Accessory Dwelling Unit shall not be sold or owned
separately from the main dwelling unit, and the parcel upon which the unit is located shall
not be subdivided in any manner that would authorize such sale or ownership;
.1202 The Junior Accessory Dwelling Unit shall be a legal unit, and may
be used as habitable space, only so long as either the main dwelling unit, or the Junior
Accessory Dwelling, is occupied by the owner of record of the property; and
.1203 The restrictions shall be binding upon any successor in ownership
of the property.
.125 Ownership and Occupancy for Accessory Dwelling Units shall be required
effective January 1, 2025, unless otherwise stipulated by state law, subject to sections
18.38.015.110 and 18.38.015.120.
.130 Existing Nonconforming Units. Accessory Dwelling Units that exist as of
the effective date of this section that have previously been legally established may continue
to operate as legal nonconforming Accessory Dwelling Units. Any Accessory Dwelling
Unit that exists as of the effective date of this section, and has not previously been legally
18
established, is considered an unlawful use, unless the Planning and Building Director
determines that the unit meets the provisions of this section.
.140 Conversion of Existing Structures. Conversion of legally established
structures or conversions of space not previously legally established for habitable space,
such as attics, basements, garages or any other part of a residential property, into an
Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted.
.1401 Conversion of an existing legal "granny unit" into an Accessory
Dwelling Unit shall require that the unit meet the provisions of this Code; and
.1402 Legal nonconformities of the existing main dwelling unit shall be
allowed to remain.
.150 Approval. The application for an Accessory Dwelling Unit or Junior
Accessory Dwelling Unit shall be reviewed by the Planning and Building Director for
compliance with the provisions of this section. If the Planning and Building Director
determines that the application and evidence submitted show that the Accessory Dwelling
Unit or Junior Accessory Dwelling Unit will comply with the requirements of this Section
18.38.015, the application shall be approved within 60 days of receipt; otherwise, the
application shall be denied. Notwithstanding any other provision of this Code to the
contrary, no waiver of, administrative adjustments, or variance from any requirement of
this Section 18.38.015 shall be approved, nor shall any application for such a waiver,
administrative adjustments, or variance be accepted for processing.
.160 Interpretation by Planning Commission. If a question arises relating to
interpretation or applicability of a provision of this section, the matter shall be considered
by the Planning Commission as a "Reports and Recommendations" item, and determined
by resolution.
SECTION 7. That Subsection .020 of Section 18.38.020 (Accessory Living Quarters) of
Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal
Code be, and the same is hereby, amended and restated to read in full as follows:
.020 Prohibition. An accessory living quarter shall not exist on a same lot with either an
Accessory Dwelling Unit or an Accessory Dwelling Unit - Junior, as defined in Chapter
18.36 (Types of Uses) of this chapter.
SECTION 8. That Subsection .150 of Section 18.38.215 (Residential Uses of Motels,
Commercial and Office Structures) of Chapter 18.38 (Supplemental Use Regulations) of Title 18
(Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to
read in full as follows:
.150 Development Standards. The conversion of a structure to a residential use
shall comply with the development standards in Table 38-B.
Table 38-B: Development Standards
Minimum Floor
Area
Studio units: 275 square feet
One-bedroom units: 400 square feet
Minimum Size of
Recreational-Leisure
Areas
200 square feet for each dwelling unit including indoor and outdoor
common areas; a common kitchen/ dining area shall be included as
part of this requirement
19
Table 38-B: Development Standards
Storage Areas General storage cabinets with a minimum size of 100 cubic feet
capacity shall be required for each dwelling unit, and may be
provided adjacent to private recreational-leisure areas or located in
close proximity to the unit
Parking and Loading Requires Parking Demand Study pursuant to paragraph
18.42.040.010.0108 and a Parking Management Plan pursuant to
subsection 18.38.215.180
.1501 Development standards related to the existing lots and building
footprints, including lot width, structural setbacks, structural height, site coverage, and lot
area, shall not apply.
.1502 With the exception of 18.38.215.150.1501 and Table 38-B, all
other development standards of the “C-G” General Commercial Zone shall apply.
.1503 Applicants of conversion projects for existing structures shall not
be required to bring said structures into conformance with the Zoning Code. New
construction associated with a conversion projects shall be required to meet all applicable
development standards of the "C-G" General Commercial Zone.
SECTION 9. That Subsection .010 of Section 18.40.090 (Sound Attenuation for
Residential Developments) of Chapter 18.40 (General Development Standards) of Title 18
(Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to
read in full as follows:
.010 Applicability. Residential developments involving the construction of two
(2) or more dwelling units, or residential subdivisions resulting in two (2) or more parcels,
and located within six hundred (600) feet of any railroad, freeway, expressway, major
arterial, primary arterial or secondary arterial, as designated by the Circulation Element of
the General Plan, shall comply with the provisions of this section. The construction of an
Accessory Dwelling Unit or Accessory Dwelling Unit – Junior shall not constitute a
residential development subject to the provisions of this section.
SECTION 10. That Subsection .070 of Section 18.42.030 (Residential Parking
Requirements) of Chapter 18.42 (Parking and Loading) of Title 18 (Zoning) of the Anaheim
Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
.070 Accessory Dwelling Unit and Accessory Dwelling Unit - Junior. The
minimum required number of off-street, on-site parking spaces for an Accessory Dwelling
Unit and Accessory Dwelling Unit - Junior, as defined in subsection .005 and .010 of
Section 18.36.050 (Accessory Use Classes) and in conformance with the criteria and
standards of Section 18.38.015 (Accessory Dwelling Unit and Accessory Dwelling Unit -
Junior) shall be based on the total number of bedrooms as follows:
Total Number of Bedrooms Minimum Number of Parking Spaces
(subject to exemptions in subsection .0701 below)
Studio 0
20
Total Number of Bedrooms Minimum Number of Parking Spaces
(subject to exemptions in subsection .0701 below)
1 bedroom 1
2 bedroom 1
.0701 On-site parking is not required for an Accessory Dwelling Unit and
Accessory Dwelling Unit - Junior in any of the following instances:
(a) The Accessory Dwelling Unit is located within a one-half
mile walking distance of a transit stop;
(b) The Accessory Dwelling Unit is located within an
architecturally and historically significant historic district;
(c) The Accessory Dwelling Unit is part of the proposed or
existing primary residence or an existing accessory structure;
(d) When on-street parking permits are required but not offered
to the occupant of the Accessory Dwelling Unit;
(e) Where there is a car share vehicle station located within one
block of the accessory dwelling unit; and/or
(f) When a garage, carport, or covered parking structure is
demolished in conjunction with the construction of an Accessory Dwelling Unit or
converted to an Accessory Dwelling Unit.
.0702 If parking for the Accessory Dwelling Unit is provided in a garage
which also provides parking for the main dwelling unit, the provided space(s) shall be for
the exclusive use of the Accessory Dwelling Unit. The space(s) shall be separated from
any garage spaces for the main dwelling unit by a wall or other permanent barrier, and shall
have a separate or independent garage door;
.0703 The Accessory Dwelling Unit shall utilize the same vehicular access
that serves the existing main dwelling unit, unless the Accessory Dwelling Unit has access
from a public alley contiguous to the lot, or is located on a corner lot for which secondary
access is permitted for parking outside the street side setback. A vehicular driveway that
provides access to required parking shall have a minimum width of ten (10) feet;
.0704 Any additional required parking may be located in any configuration
on the same lot.
SECTION 11. That Subsection .080 of Section 18.42.030 (Residential Parking
Requirements) of Chapter 18.42 (Parking and Loading) of Title 18 (Zoning) of the Anaheim
Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
.080 Repealed by Ord. XXX, DATE
SECTION 12. That Section 18.92.080 (“E” Words, Terms and Phrases) of Chapter 18.92
(Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
"Easement." A legal right, such as a right-of-way, afforded an individual, business
or other organization to make limited use of another's real property.
"Educational Institution." A public, parochial, private, charitable or nonprofit
institution that provides educational instruction to students over the age of five (5) years.
"Efficiency Unit." Has the same meaning as defined and used in Section 17958.1
of the California Health and Safety Code.
21
"Emergency Shelter." Has the same meaning as defined and used in Section
50801(e) of the California Health and Safety Code.
"Employee." Shall include independent contractors and unpaid volunteers. The
term "employ" shall include, without limitation, using or allowing services to be provided
by an independent contractor or unpaid volunteer.
"Entertainment." Every form of live entertainment including, without limitation,
any music, band or orchestra, act, play, burlesque, revue, pantomime, scene, karaoke, song
or dance act or dancing by patrons. "Entertainment" includes, without limitation, a single
event, a series of events, or an ongoing activity or business, occurring alone or as part of
another business, to which the public is invited to watch, listen, or participate.
"Entertainment Premises." Any premises used for a restaurant, coffee shop, bar,
nightclub, or establishment serving food, and/or other refreshments and where amusement
and entertainment activities are conducted.
"Entity." Any firm, partnership, corporation, joint venture, unincorporated
association or other association of any type or nature.
"Expressway, Scenic." A road intended to permit a relatively unimpeded traffic
flow while allowing for motorists to view scenic features as they drive; "Scenic
Expressways" are shown on the Roadway Network map of the General Plan.
SECTION 13. That Section 18.92.220 (“S” Words, Terms and Phrases) of Chapter 18.92
(Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
"Schools, Elementary, Junior High and High." An institution of learning which
offers instruction in the several branches of learning and study required to be taught in
public schools by the California Education Code.
"Senior Citizen." A person sixty-two (62) years of age or older; or fifty-five (55)
years of age or older in a senior citizen housing development.
"Senior Citizens' Apartment Project." An apartment project approved pursuant to
the provisions of Chapter 18.50 (Senior Citizens' Apartment Projects), with the occupancy
of each dwelling unit being limited to at least one (1) resident of each such unit being a
senior citizen, with the exception of not more than one (1) dwelling unit thereof, identified
as the "resident manager's dwelling unit" in covenants recorded against the property, which
unit may be occupied by a resident manager and his or her family, regardless of their ages.
"Senior Citizens' Apartment Project – Congregate Care." A senior citizens'
apartment project, as the term is defined in this section, which also provides nursing,
dietary and other personal services to residents.
"Senior Citizens' Dwelling Unit." Each dwelling unit within a senior citizens'
apartment project, with the exception of the resident manager's dwelling unit, if any.
"Senior Citizen Housing Development." A residential development developed,
substantially rehabilitated, or substantially renovated, for senior citizens that has at least
thirty-five (35) dwelling units, as defined in California Civil Code Section 51.3.
"Senior Second Unit" or "Granny Unit." An Accessory Dwelling Unit that does
not meet the requirements of Section 18.38.015 (Accessory Dwelling Units) for an
Accessory Dwelling Unit, where the unit is for the sole occupancy of one (1) or two (2)
adult persons, both of whom are sixty-two (62) years of age or over.
"Service Station." A retail place of business engaged primarily in the sale of motor
fuels, and incidentally supplying goods and services required for the operation and
maintenance of automotive vehicles.
22
"Setback, Required." The minimum dimension between a structure and the
adjacent public right-of-way, such as a street, highway, expressway or freeway; or any
adjacent private vehicle accessway easement, excluding private driveways; or any railroad
or any riding and hiking trail easement; or any interior property line.
"Setback, Street Side." The side area abutting a street on a reverse corner lot, or a
reverse building frontage of a normal corner lot, which extends from the rear property line
to the front setback line.
"Single Housekeeping Unit." A non-transient group of persons jointly occupying
a single dwelling unit, including the use of common areas, for the purpose of sharing
household activities and responsibilities such as meals, chores and expenses.
"Smoking Lounges." A business establishment that is dedicated, in whole or part,
to the smoking of tobacco or other substances, including but not limited to establishments
known variously as cigar lounges, hookah cafes, tobacco clubs or tobacco bars.
"Special Event." A special event is any event, promotion or sale sponsored by a
business, shopping center or organization which is held outside the confines of a building,
whether or not a business license is required, and which may include (or be limited to) the
outdoor display of merchandise, the display of temporary signs, flags, banners or fixed
balloons, or rides, games, booths or similar amusement devices, whether or not a fee or
admission is charged for such event.
"Stable, Private." A structure or accessory building for the keeping of animals
owned by the owners or occupants of the premises, which are not kept for remuneration,
hire or sale. A stable may or may not include a corral.
"Stable, Public." A stable other than a private stable.
"Story." That portion of a building included between the surface of any floor and
the surface of the floor next above it or, if there is no floor above it, then the space between
the floor and the ceiling above it; provided that, where maximum building height is
specified in this title in terms of maximum number of stories, the maximum height shall
not exceed twenty-five (25) feet for any one (1)-story building, thirty (30) feet for any two
(2)-story building, thirty-five (35) feet for any two and one-half (2-1/2)-story building, and
seventy-five (75) feet for any six (6)-story building.
"Street." A public or recorded private thoroughfare that affords primary means of
access to abutting property.
"Street Line." The boundary line between a street and abutting property.
"Street Side." That street bounding a corner lot, and which extends in the general
direction as the line determining the depth of the lot.
"Structure." Anything constructed or erected, which requires location on the
ground, or attachment to something having a location on the ground.
"Structural Alterations." Any change in the supporting members of a building, such
as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or
changes in roof or exterior lines.
"Studio Unit." A dwelling unit without a bedroom.
SECTION 14. That Table 122-C (Accessory Use Classes by Development Area) of
Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development
Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
23
Table 122-C
ACCESSORY USE CLASSES BY
DEVELOPMENT AREA
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review Permit
Required
R-
LM
R-
M
MU-
M
MU-
H
N-
C
R-
C
O S-
P
P-
R
Special Provisions
Accessory
Dwelling Unit
P P P P N N N N N Subject to 18.38.015
Accessory
Dwelling Unit -
Junior
N N N N N N N N N
Accessory Living
Quarters
N N N N N N N N N
Agricultural
Workers Quarters
N N N N N N N N N
Accessory
Entertainment
N N P P P P N N N Subject to 18.16.060
Amusement
Devices
N N P P P P N N N Subject to 18.16.050
Animal Keeping P P P P N N N N N Subject to 18.38.030
Antennas–Dish P P P P P P P P N Subject to 18.38.050
Antennas–
Receiving
P P P P P P P P N Subject to 18.38.050
and 18.38.050.010
Automatic Teller
Machines
(ATM's)
N N P P P P P P P Subject to
18.36.050.035
Bingo
Establishments
N N P P P P C C C Subject to Chapter
7.34
Caretaker Units P P P P P P N N N Subject to 18.38.090
Day Care–Large
Family
P P P P N N N N N Subject to 18.38.140
Day Care–Small
Family
P P P P N N N N N
Fences & Walls P P P P P P P P P Subject to 18.40.050;
this use may occur on
a lot without a
primary use.
Greenhouses–
Private
N N N N N N N N N
24
Table 122-C
ACCESSORY USE CLASSES BY
DEVELOPMENT AREA
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review Permit
Required
R-
LM
R-
M
MU-
M
MU-
H
N-
C
R-
C
O S-
P
P-
R
Special Provisions
Home
Occupations
P P P P N N N N N Subject to 18.38.130
Landscaping &
Gardens
P P P P P P P P P Subject to Chapter
18.46; this use may
occur on a lot without
a primary use.
Mechanical &
Utility Equipment
– Ground
Mounted
P P P P P P P P P Subject to 18.38.160
Mechanical &
Utility Equipment
– Roof Mounted
P P P P P P P P P Subject to 18.38.170
Outdoor Displays N N P P P P N N N Subject to 18.38.190
Outdoor Storage N N N N N N N N N
Parking Lots &
Garages
P P P P P P P P P To serve needs of on-
site primary use only
Portable Food
Carts
N N N N N P N P N Subject to 18.38.210
Recreation
Buildings &
Structures
P P P P P P P P P
Recycling
Facilities
N N N N P P P P N Subject to Chapter
18.48
Retail Sales–
Kiosks
N N M M M M N N M
Short-Term
Rentals
N N N N N N N N N
Signs P P P P P P P P P Subject to Chapter
18.44
Solar Energy
Panels
P P P P P P P P P Must be mounted on
the roof and, if
visible from the street
25
Table 122-C
ACCESSORY USE CLASSES BY
DEVELOPMENT AREA
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review Permit
Required
R-
LM
R-
M
MU-
M
MU-
H
N-
C
R-
C
O S-
P
P-
R
Special Provisions
level, must be
parallel to the roof
plane
Thematic
Elements
N N C C C C N N N
Valet Parking M M M M M M M M N
Vending
Machines
P P P P P P P P P Shall be screened
from view from
public rights-of-way
and shall not
encroach onto
sidewalks
Warehousing &
Storage-Outdoors
N N N N N N N N N
SECTION 15. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination of any such portion as may be declared invalid. If any
section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held
to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION 16. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be
printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of
general circulation, published and circulated in the City of Anaheim.
SECTION 17. EFFECTIVE DATE
26
This ordinance shall take effect and be in full force thirty (30) days from and after its final
passage. All applications submitted on or after the effective date shall comply with the
requirements of this ordinance.
///
///
///
///
///
///
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the ____ day of ______________, 2020, and thereafter passed and
adopted at a regular meeting of said City Council held on the ____ day of ______________, 2020,
by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: _________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
1
ATTACHMENT NO. 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTERS 18.04 (SINGLE -FAMILY
RESIDENTIAL ZONES); 18.06 (MULTIPLE-FAMILY
RESIDENTIAL ZONES); 18.14 (PUBLIC AND
SPECIAL-PURPOSE ZONES); 18.36 (TYPES OF
USES); 18.38 (SUPPLEMENTAL USE
REGULATIONS); 18.40 (GENERAL DEVELOPMENT
STANDARDS); 18.42 (PARKING AND LOADING);
18.92 (DEFINITIONS); and 18.122 (BEACH
BOULEVARD SPECIFIC PLAN NO. 2017-1 (SP 2017-
1) OF TITLE 18 (ZONING) OF THE ANAHEIM
MUNICIPAL CODE; AND FINDING AND
DETERMINING THAT THIS ORDINANCE IS
EXEMPT FROM THE REQUIREMENTS TO
PREPARE ADDITIONAL ENVIRONMENTAL
DOCUMENTATION PER PUBLIC RESOURCES
CODE SECTION 21080.17 AND CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
GUIDELINES SECTIONS 15282 (H), 15061(B)(3);
15301, CLASS 1 (EXISTING FACILITIES); AND,
15303, CLASS 3 (NEW CONSTRUCTION OR
CONVERSION OF SMALL STRUCTURES)
BECAUSE IT WILL NOT HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT.
(ZONING CODE AMENDMENT NO. 2020-00169)
(ADJUSTMENT NO. 2 TO THE BEACH BOULEVARD SPECIFIC PLAN NO. 2017-1
(SPN2017-00001B))
(DEV2020-00001)
WHEREAS the State of California has identified housing construction as a statewide
priority and the legislature has adopted numerous reforms and incentives to facilitate and expedite
its production of housing including recent changes to State law to reduce barriers, streamline
approvals and encourage the development of Accessory Dwelling Units and Junior Accessory
Dwelling Units; and
WHEREAS on October 9, 2019, the Governor of California approved Assembly Bill No.
881 (Chapter 659, Reg. Sess. 2019) ("AB 881"), which eliminated perceived barriers to the
development of Accessory Dwelling Units in single-family and multiple-family residential zones;
and
WHEREAS on October 9, 2019, the Governor of California approved Assembly Bill No.
68 (Chapter 655, Reg. Sess. 2019) ("AB 68"), which requires a local government to ministerially
approve Junior Accessory Dwelling Units in single-family residential zones; and
2
WHEREAS, the purpose of this ordinance is to comply with State law regarding the
development of Accessory Dwelling Units and Junior Accessory Dwelling Units to implement the
goals and policies of the Housing Element of the Anaheim General Plan. It is also the purpose of
this ordinance to preserve the integrity and character of residential neighborhoods; and
WHEREAS from time to time and by resolution, the City Council may identify areas of
the City with insufficient water and sewer services and where Accessory Dwelling Units and
Junior Accessory Dwelling Units result in impacts to traffic circulation and public safety and
therefore Accessory Dwelling Units and Junior Accessory Dwelling Units may not be permitted
in such areas; and
WHEREAS, the City Council finds that the ordinance complies with State law regarding
the development of Accessory Dwelling Units and Junior Accessory Dwelling Units, and
implements the goals and policies of the Housing and Public Services and Facilities Elements of
the General Plan by ensuring that adequate housing to meet the needs of the community is served
by adequate public utility infrastructure; and
WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI,
Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council")
has the authority to enact and enforce ordinances and regulations for the public peace, morals and
welfare of the City of Anaheim (the "City") and its residents; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code
Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for
Implementation of the California Environmental Quality Act (commencing with Section 15000 of
Title 14 of the California Code of Regulations; herein referred to as the “State CEQA Guidelines”),
the City is the “lead agency” for the preparation and consideration of environmental documents
for this ordinance; and
WHEREAS, the City Council finds and determines that this ordinance is exempt from the
requirements to prepare additional environmental documentation per Public Resources Code
Section 21080.17 and California Environmental Quality Act (CEQA) Guidelines Sections 15282
(h), 15061(b)(3); 15301, Class 1 (Existing Facilities); and, 15303, Class 3 (New Construction or
Conversion of Small Structures); and
WHEREAS, the City Council determines that this ordinance is a matter of City-wide
importance and necessary for the preservation and protection of the public peace, health, safety
and/or welfare of the community and is a valid exercise of the local police power and in accord
with the public purposes and provisions of applicable State and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Table 4-B (Accessory Uses and Structures: Single-Family Residential
Zones) of Chapter 18.04 (Single-Family Residential Zones) of Title 18 (Zoning) of the Anaheim
Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
3
Table 4-B
ACCESSORY USES AND
STRUCTURES:
SINGLE-FAMILY RESIDENTIAL
ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
RH-
1
RH-
2
RH-
3
RS-
1
RS-
2
RS-
3
RS-
4
Special Provisions
Accessory
Living Quarters
P P P P P N N Subject to 18.04.080.020 &
18.38.020
Accessory
Dwelling Unit
P P P P P P P Subject to 18.38.015
Accessory
Dwelling Unit -
Junior
P P P P P P P Subject to 18.38.015
Agricultural
Workers
Quarters
P P N N N N N Requires a minimum lot size
of ten (10) acres
Animal
Keeping
P P P P P P P Subject to 18.38.030, except
that in the RH-2 Zone,
equine, bovine, sheep, goats
& swine may be kept, stabled,
tethered or otherwise
maintained on minimum
22,000 sq. ft. parcels
Antennas–Dish P P P P P P P Subject to 18.38.050 (may
require a conditional use
permit)
Antennas–
Receiving
P P P P P P P Subject to 18.38.050
Day Care–
Large Family
P P P P P P P Subject to 18.38.140
Day Care–
Small Family
P P P P P P P
Fences & Walls P P P P P P P Subject to 18.46.110; this use
may occur on a lot with or
without a dwelling
Greenhouses–
Private
P P P P P N N
Home
Occupations
P P P P P P P Subject to 18.38.130
Landscaping &
Gardening
P P P P P P P Subject to Chapter 18.46; this
use may occur on a lot with
or without a dwelling
Mechanical &
Utility
Equipment–
P P P P P P P Subject to 18.38.160
4
Table 4-B
ACCESSORY USES AND
STRUCTURES:
SINGLE-FAMILY RESIDENTIAL
ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
RH-
1
RH-
2
RH-
3
RS-
1
RS-
2
RS-
3
RS-
4
Special Provisions
Ground
Mounted
Mechanical &
Utility
Equipment–
Roof Mounted
N N N P P P P Subject to 18.38.170
Parking Lots &
Garages
P P P P P P P To serve needs of primary use
only; four-car limit for
garages in RS-1 and RS-2
Zones
Petroleum
Storage–
Incidental
P P P P P P P
Recreation
Buildings &
Structures
P P P P P P P
Short-Term
Rentals
P P P P P P P Subject to an administrative
use permit as provided in
Chapter 4.05
Solar Energy
Panels
P P P P P P P Subject to § 18.38.170
Senior Second
Units
M M M M M M N
Signs P P P P P P P Subject to Chapter 18.44
SECTION 2. That Subsection .30 Section 18.04.070 (Structural Heights) of Chapter 18.04
(Single-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and
the same is hereby, amended and restated to read in full as follows:
.030 Accessory Buildings. Non-habitable and habitable accessory structures, including
but not limited to, garages, garden and storage sheds, and accessory living quarters, shall not
exceed a height of one (1) story or sixteen (16) feet fifteen (15) feet, whichever is less. This
provision shall not apply to structures that are located outside of all required setback areas and
comply with the same provisions as the main dwelling. All accessory structures encroaching into
required setback areas may be subject to additional height restrictions as outlined in Section
18.04.100 (Table 4-J — Permitted Encroachments for Accessory Uses/Structures: Single- Family
Residential Zones).
SECTION 3. That Table 6-B (Accessory Uses and Structures: Multiple-Family Residential
Zones) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim
Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
5
Table 6-B
ACCESSORY USES AND
STRUCTURES:
MULTIPLE-FAMILY
RESIDENTIAL ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
RM-
1
RM-
2
RM-
3
RM-
3.5
RM-
4
Special Provisions
Accessory
Dwelling Unit
P P P P P Subject to 18.38.015; only allowed
on properties with an existing
single-family residence
Accessory
Dwelling Unit -
Junior
P P P P P Subject to 18.38.015; only allowed
on properties with an existing
single-family residence
Animal Keeping P P P P P Subject to § 18.38.030
Antennas–Dish P P P P P Subject to § 18.38.050 (may require
conditional use permit)
Antennas–
Receiving
P P P P P Subject to § 18.38.050
Day Care–Large
Family
P P P P P Subject to § 18.38.140
Day Care–Small
Family
P P P P P
Fences & Walls P P P P P Subject to § 18.46.110; a fence or
wall may occur on a lot with or
without any other primary use
structure
Home
Occupations
P P P P P Subject to § 18.38.130
Landscaping &
Gardens
P P P P P Subject to Chapter 18.46; this use
may occur on a lot with or without
any other primary use structure
Mechanical &
Utility
Equipment–
Ground Mounted
P P P P P Subject to § 18.38.160
Mechanical &
Utility
Equipment–
Roof Mounted
P P P P P Subject to § 18.38.170
Parking Lots &
Garages
P P P P P To serve needs of primary use only
Recreation
Buildings &
Structures
P P P P P
6
Table 6-B
ACCESSORY USES AND
STRUCTURES:
MULTIPLE-FAMILY
RESIDENTIAL ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit
Required
N=Prohibited
RM-
1
RM-
2
RM-
3
RM-
3.5
RM-
4
Special Provisions
Short-Term
Rentals
P P P P P Subject to an administrative use
permit as provided in Chapter 4.05
Signs P P P P P Subject to Chapter 18.44
Solar Energy
Panels
P P P P P Must be mounted on the roof and, if
visible from the street level, must
be parallel to the roof plane
Valet Parking M M M M M
Vending
Machines
P P P P P Shall be screened from view from
adjacent non-industrial property
and public rights-of-way
SECTION 4. That Table 14-B (Accessory Uses and Structures: Public and Special-
Purpose Zones) of Chapter 18.14 (Public and Special-Purpose Zones) of Title 18 (Zoning) of the
Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as
follows:
Table 14-B
ACCESSORY USES AND
STRUCTURES:
PUBLIC AND SPECIAL-
PURPOSE ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
OS PR SP T Special Provisions
Accessory
Dwelling Unit
N N N P One Accessory Dwelling Unit allowed on a single-
family detached dwelling unit on one legal lot in
existence on July 8, 2004, the effective date of Ord.
5920, with a General Plan Residential Land Use
designation of Estate, Low Density, Low-Medium
Hillside Density and Low-Medium Density. The
development standards of the RS-2 Zone shall apply
for lots 7,200 square feet or greater in size. The
development standards of the RS-3 Zone shall apply
for lots that are less than 7,200 square feet in size.
Accessory
Dwelling Unit –
Junior
N N N P One Accessory Dwelling Unit - Junior allowed on a
single-family detached dwelling unit on one legal lot
in existence on July 8, 2004, the effective date of Ord.
5920, with a General Plan Residential Land Use
designation of Estate, Low Density, Low-Medium
Hillside Density and Low-Medium Density. The
development standards of the RS-2 Zone shall apply
for lots 7,200 square feet or greater in size. The
7
Table 14-B
ACCESSORY USES AND
STRUCTURES:
PUBLIC AND SPECIAL-
PURPOSE ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
OS PR SP T Special Provisions
development standards of the RS-3 Zone shall apply
for lots that are less than 7,200 square feet in size.
Accessory
Entertainment
N P P P Subject to § 18.16.060 in conjunction with a
commercial use
Agricultural
Workers
Quarters
N N N P Allowed only if agricultural operation on the lot is a
minimum of 10 acres; no kitchens are allowed
Animal Keeping P P P P Only in conjunction with residence; subject to §
18.38.030
Antennas–Dish P P P P Subject to § 18.38.050
Antennas–
Receiving
P P P P Subject to § 18.38.050
Bingo
Establishments
N N P P Subject to Chapter 7.34
Caretaker Units P P P P Subject to § 18.38.090
Day Care–Large
Family
N N N P Subject to § 18.38.140
Day Care–Small
Family
N N N P
Fences & Walls P P P P Subject to § 18.40.050; this use may occur on a lot
without a primary use
Home
Occupations
P P P P Only in conjunction with a residence; subject to §
18.38.130
Landscaping &
Gardens
P P P P Subject to Chapter 18.46; this use may occur on a lot
without a primary use
Mechanical &
Utility
Equipment–
Ground Mounted
P P P P Subject to § 18.38.160
Mechanical &
Utility
Equipment–
Roof Mounted
P P P P Subject to § 18.38.170
Parking Lots &
Garages
P P P P To serve needs of primary use only
Petroleum
Storage–
Incidental
N N N P
Portable Food
Carts
N P P P Subject to § 18.38.210
8
Table 14-B
ACCESSORY USES AND
STRUCTURES:
PUBLIC AND SPECIAL-
PURPOSE ZONES
P=Permitted by Right
C=Conditional Use Permit Required
M=Minor Conditional Use Permit Required
N=Prohibited
OS PR SP T Special Provisions
Recreation
Buildings &
Structures
P P P P
Recycling
Services–
Consumer
N P P P Subject to Chapter 18.48
Signs P P P P Subject to Chapter 18.44
Solar Energy
Panels
P P P P Must be mounted on the roof and, if visible from the
street level, must be parallel to the roof plane
Valet Parking M M M M
Vending
Machines
P P P P Shall be screened from view from public rights-of-
way and shall not encroach onto sidewalks
SECTION 5. That Section 18.36.050 (Accessory Use Classes) of Chapter 18.36 (Types of
Uses) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended
and restated to read in full as follows:
18.36.050 ACCESSORY USE CLASSES.
The following use classes are intended to describe only those uses that are
incidental to and customarily associated with a primary use or main structure located on
the same lot.
.005 Accessory Dwelling Unit. This use class consists of a residential dwelling
unit that provides complete independent living facilities for one or more persons and is
located on a lot zoned for residential use with a proposed or existing main dwelling unit. It
shall include permanent provisions for living, sleeping, eating, cooking, and sanitation
independent from the main dwelling unit. This use class consists of an attached or detached
residential dwelling unit on a lot zoned for residential use, which provides complete
independent living accommodations and facilities for one (1) or more persons, which
includes permanent provisions for living, sleeping, eating, cooking and sanitation on the
same parcel as a legally established single-family dwelling. An Attached Accessory
Dwelling Unit is attached to the main dwelling unit, having at least one (1) common wall
and a common roof with the main dwelling unit. A Detached Accessory Dwelling Unit is
detached from the main dwelling unit.
.010 Accessory Dwelling Unit - Junior. This use class consists of a residential
dwelling unit that is no more than 500 square feet in size, includes an efficiency kitchen,
and is contained entirely within a single-family residence. An Accessory Dwelling Unit -
Junior may include separate sanitation facilities or may share sanitation facilities with the
existing structure.
.0150 Accessory Living Quarters. This use class consists of habitable space one
dwelling unit per lot, used for non-paying guests or household employees, for an allowable
residence located on the same residentially zoned lot.
9
.020 Agricultural Workers Quarters. This use class consists of dwellings
occupied by employees primarily engaged in commercial agricultural operations, and
located on land owned or rented by the agricultural operator. Family members of the
agricultural employees may also live in the same unit.
.030 Amusement Devices. This use class consists of six (6) or fewer amusement
devices, and any number of amusement devices that occupy forty-nine percent (49%) or
less of the public floor area of an establishment.
.035 Automated Teller Machines (ATM's). This use class consists of cash
dispensing machines that are typically located inside an existing business.
.040 Animal Keeping. This use class consists of keeping of pets and other
domesticated animals owned by occupants of the lot, and not kept for remuneration, hire
or sale.
.050 Antennas–Dish. This use class consists of circular or nearly circular
antennas used for the reception of electronic signals relayed by satellites moving through
the sky.
.060 Antennas–Receiving. This use class consists of roof-mounted antennas used
for the reception of television, radio or other electronic signals from ground-mounted
transmitting antennas or relay stations.
.070 Bingo Establishments. This use class consists of establishments that offer
bingo games to the public for the purpose of fundraising for an organization.
.080 Caretaker Units. This use class consists of one dwelling unit per lot, used
for the sole purpose of providing security, maintenance or similar services for an allowable
non-residential use located on the same non-residentially zoned lot.
.090 Day Care–Large Family. This use class consists of a day care facility
located in a single-family residence, where an occupant of the residence provides care and
supervision for between nine (9) and fourteen (14) children less than eighteen (18) years
of age for periods of fewer than twenty-four (24) hours per day. Children less than the age
of ten (10) years who reside in the home count as children served by the facility.
.100 Day Care–Small Family. This use class consists of a day care facility
located in a single-family residence, where an occupant of the residence provides care and
supervision for eight (8) or fewer children less than eighteen (18) years of age for periods
of fewer than twenty-four (24) hours per day. Children less than the age of ten (10) years
who reside in the home count as children served by the facility.
.105 Entertainment–Accessory. This use class consists of accessory
entertainment offered in conjunction with a restaurant as defined in Section 18.92.210 of
this code or other primary land use. The entertainment provided is intended to be part of
the service provided at the establishment and is not the primary draw of customers to the
establishment. The entertainment is not the primary source of income for the establishment.
Typical land uses are coffee houses with live music, restaurants with live music, and
accessory music within a bar.
.110 Fences & Walls. This use class consists of a continuous barrier, including
gates that separate, screens, encloses or marks the boundary of a lot or development. The
barrier may consist of man-made materials, vegetative materials, earthen berms, or other
natural or fabricated barrier.
.120 Greenhouses–Private. This use class consists of a greenhouse, detached
from the main dwelling and no larger than twenty percent (20%) of the main dwelling, used
for gardening purposes. An attached greenhouse is considered to be part of the main
dwelling.
10
.130 Home Occupations. This use class consists of an occupation that is carried
on in any approved dwelling unit by the resident of the dwelling unit, and is incidental to
the use of the dwelling unit such that it does not change the residential character of the unit
or neighborhood.
.140 Landscaping & Gardens. This use class consists of the noncommercial
growing of trees, shrubs, flowers, gardens and other natural planting materials, as well as
the use of non-vegetative landscaping materials.
.150 Mechanical & Utility Equipment–Ground Mounted. This use class consists
of ground-mounted mechanical or utility equipment, such as compressors, condensers,
pipes used for heating and cooling, water backflow devices, above-ground fire lines, pad-
mounted transformers, electric vehicle charging stations and other activities associated
with and incidental to the main and accessory building.
.160 Mechanical & Utility Equipment–Roof Mounted. This use class consists of
roof-mounted mechanical or utility equipment, such as compressors, condensers, pipes,
vents, ducts, and other activities associated with and incidental to the main building.
.170 Outdoor Displays. This use class consists of the display of merchandise
outside of an enclosed structure for the purpose of showing the merchandise to potential
buyers or users.
.180 Outdoor Storage. This use class consists of overnight storage of materials
or finished products that are associated with and incidental to the primary use of the site.
.190 Parking Lots & Garages. This use class consists of open parking lots and
structures, including garages and carports, designed to be used for parking automobiles.
The overnight storage of work related vehicles used during business hours is included in
this use class.
.195 Valet Parking. A parking service provided to accommodate users of an
establishment, which service is incidental to the establishment and by which an attendant
on behalf of the establishment takes temporary custody of the users’ vehicles and moves,
parks, stores or retrieves the vehicle.
.200 Petroleum Storage–Incidental. This use class consists of the storage of
petroleum products, such as small quantities of gasoline, oil and lighter fluid, for use on-
site, but not for resale or use off-site.
.210 Portable Food Carts. This use class consists of portable carts from which
coffee, non-alcoholic drinks, or prepared food is sold, and that are removed during the
hours when the principle use with which they are associated is not operational.
.220 Recreation Buildings & Structures. This use class consists of recreational
uses associated with residential dwellings, such as swimming pools, cabanas, dressing
rooms, private noncommercial workshops, barns, tennis and paddleball courts, play
equipment, and non-habitable tree houses.
.225 Recycling Services–Consumer. This use class consists of small-scale waste
collection facilities as defined as a "Reverse Vending Machine" and "Small Collection
Facility" in Chapter 18.48 (Recycling Facilities).
.230 Retail Floor, Wall & Window Coverings. This use class consists of the sale
of tile, floor coverings, wall coverings, and window coverings as an accessory use to a
primary permitted industrial use.
.250 Repealed by Ord. XXX, DATE Senior Second Units. This use class consists
of an attached or detached dwelling unit providing complete independent living
accommodations and facilities for one (1) or two (2) persons, both of whom are sixty-two
(62) years of age or older, including permanent provisions for living, sleeping, eating,
cooking and sanitation that are accessory to the primary dwelling unit on the same site.
11
.260 Short-Term Rentals. This use class consists of the rental of an approved
short-term rental unit for occupancy, dwelling, lodging or sleeping purposes for a period
of less than thirty (30) consecutive calendar days in duration in a zoning district where
residential uses are allowed.
.270 Signs. This use class consists of any device used for visual communication
intended to attract the attention of the public and that is visible from a public right-of-way
or other properties. Items of merchandise normally displayed within a show window of a
business are not included.
.280 Solar Energy Panels. This use class consists of any solar collector(s) or other
solar energy device(s) whose primary purpose is to provide for the collection of solar
energy for space heating, space cooling, electric generation, or water heating.
.290 Thematic Elements. This use class consists of non-occupiable structures
that are intended to add interest to a specific area. Examples include gateways, towers,
public art displays, monuments, fountains, sculptures, spires, and similar architectural
features.
.300 Vending Machines. This use class consists of an unattended, self-service
device that, upon insertion of a coin or token, dispenses something of value, including food,
beverages, merchandise or services.
.310 Warehousing & Storage-Outdoors. This use class consists of the outdoor
storage of equipment, materials, and finished products or refuse basic to the operations of
permitted uses, other than the storage classified under the "Outdoor Storage Yards" use
class.
SECTION 6. That Section 18.38.015 (Accessory Dwelling Units) of Chapter 18.38
(Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the
same is hereby, amended and restated to read in full as follows:
18.38.015 ACCESSORY DWELLING UNITS AND ACCESSORY DWELLING UNITS
- JUNIOR.
.010 Intent. The City recognizes the importance of livable housing and an
attractive, suitable living environment for all residents. The State Legislature has declared
that Accessory Dwelling Units and Junior Accessory Dwelling Units are a valuable form
of housing in California. It is the intent of the City to permit Accessory Dwelling Units
and Junior Accessory Dwelling Units, in conformance with State law, in all those areas
and subject to standards that will ensure the units contribute to a suitable living
environment for people of all ages and economic levels, while preserving the integrity and
character of single-family residential neighborhoods. It is not the intent of this section to
override lawful use restrictions as may be set forth in conditions, covenants and restrictions
or similar instruments.
.015 Definitions. For the purposes of this Section, the following words, terms,
and phrases shall have the following meanings:
.0051 “Efficiency Kitchen” A room used, or intended or designed to be
used, for cooking or the preparation of food that includes at minimum a cooking facility
with appliances, food preparation counter, and storage cabinets.
.0052 “Kitchen” A room used, or intended or designed to be used, for
cooking or the preparation of food that includes at minimum a stove, preparation counter,
storage cabinets, refrigerator, and sink.
12
.0053 “Sanitation Facility” A room that includes a toilet compartment,
sink with hot and cold water taps, and shower with or without a bathtub.
.0054 “Junior Accessory Dwelling Unit” A use class defined as an
Accessory Dwelling Unit - Junior in subsection .010 of Section 18.36.050 (Accessory Use
Classes).
.020 Multiple-Family Zones. For development of Accessory Dwelling Units in
zones that allow multiple-family dwellings, the provisions of Government Code Section
65852.2 shall apply as the same may be amended from
time to time:
.0151 A local agency shall allow at least one Accessory Dwelling Unit
within an existing multiple-family dwelling and shall allow up to 25 percent of the existing
multiple-family dwelling units.
.0152 Not more than two Accessory Dwelling Units that are located on a
lot that has an existing multiple-family dwelling, but are detached from that multiple-
family dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side
setbacks.
.025.020 Density Provisions. An Accessory Dwelling Unit or Junior
Accessory Dwelling Unit that conforms to the requirements of this section shall not be
considered to exceed the allowable density for the lot upon which such unit is proposed to
be established, and shall be deemed to be an accessory single-family residential use which
is consistent with the existing general plan and zoning designations for the lot.
.030 Number of Units Per Parcel. No more than one (1) Accessory Dwelling
Unit and one (1) Junior Accessory Dwelling Unit shall be allowed on a single lot. An
Accessory Dwelling Unit shall not be allowed on a site with more than one dwelling unit.
.040 Existing Lot and Uses. An Accessory Dwelling Unit or Junior Accessory
Dwelling Unit shall be allowed if the existing lot and dwelling meet the following
requirements:
.0401 The lot on which the Accessory Dwelling Unit or Junior Accessory
Dwelling Unit is proposed to be established shall contain one existing or proposed
permanent main dwelling unit single-family dwelling, and no existing accessory living
quarters, as defined in Section 18.38.020, Senior Second Unit (granny unit), guest house,
servant's quarters or similar facility, unless the proposal includes demolition or
modification of such facility so as to comply with the provisions of this section; and
.0402 The Accessory Dwelling Unit is allowed in the zone in which it is
proposed.;
.0403 The existing residential use complies or, as proposed, will comply
with current parking requirements, except as may be provided in Section 18.42.030; and
.0404 If the existing main dwelling unit and any associated accessory
structures comply with current zoning requirements, unless otherwise legally established,
an Accessory Dwelling Unit may be permitted, provided the Accessory Dwelling Unit
complies with the requirements of this section.
.050 Prohibited Locations. Accessory Dwelling Units or Junior Accessory
Dwelling Units are not permitted in any area of the City identified, by resolution of the
City Council, to be areas with insufficient sewer infrastructure where accessory dwelling
units result in impacts to the public health and safety.
.060 Development Standards. The following development standards contained
in Table 38-A (Accessory Dwelling Unit Development Standards) apply based on the type
of unit and the applicable development standards. These standards shall apply to Accessory
Dwelling Units and Junior Accessory Dwelling Units:
13
Table 38-A: Accessory Dwelling Unit Development Standards
Junior
Accessory
Dwelling Unit
Accessory Dwelling Unit
≤ 800 square feet
Accessory Dwelling Unit
> 800 square feet
Minimum
Unit Size
150 square feet. 150 square feet. 150 square feet.
Maximum
Unit Size
500 square feet.1
1Up to 150
square feet may
be added to an
existing main
dwelling unit to
accommodate
ingress or
egress, but the
overall unit size
shall not exceed
500 square feet.
800 square feet. Attached Detached
50% of main
dwelling
unit2
or
1,200 square
feet
(whichever
is less).
2Studio and
one-bedroom
units
permitted up
to 850
square feet.
Two
bedroom
units
permitted up
to 1,000
square feet.
1,200 square
feet.
Lot
Coverage
The standards of
the underlying
zone shall
apply.
Not Applicable. The standards of the underlying
zone shall apply.
Structural
Setbacks
The standards of
the underlying
zone shall
apply.
Front: Underlying zone3
Side: 4 feet
Rear: 4 feet
3A detached Accessory
Dwelling Unit shall be
located no closer to the front
property line than the front-
most building wall of the
Attached Detached
Front:
Underlying
Zone
Side:
Underlying
Zone
Front:
Underlying
Zone4
Side: 4 feet
Rear: 4 feet
4A detached
Accessory
14
Table 38-A: Accessory Dwelling Unit Development Standards
Junior
Accessory
Dwelling Unit
Accessory Dwelling Unit
≤ 800 square feet
Accessory Dwelling Unit
> 800 square feet
main dwelling unit; except
for Accessory Dwelling
Units resulting from the
conversion of an existing
garage, carport, or covered
parking structure.
Rear:
Underlying
Zone
Dwelling Unit
shall be located
no closer to the
front property
line than the
front-most
building wall of
the main
dwelling unit;
except for
Accessory
Dwelling Units
resulting from
the conversion
of an existing
garage, carport,
or covered
parking
structure.
Structural
Height
The standards of
the underlying
zone shall
apply.
Attached Detached Attached Detached
The
standards
of the
underlying
zone shall
apply.
In addition to
meeting the
height of the
underlying
zone in which
it is located,
any additional
height
associated
with a
detached
Accessory
Dwelling Unit
shall not
exceed the
height and the
number of
stories of the
The
standards of
the
underlying
zone shall
apply.
In addition to
meeting the
height of the
underlying zone
in which it is
located, any
additional
height
associated with
a detached
Accessory
Dwelling Unit
shall not exceed
the height and
the number of
stories of the
main dwelling
unit.
15
Table 38-A: Accessory Dwelling Unit Development Standards
Junior
Accessory
Dwelling Unit
Accessory Dwelling Unit
≤ 800 square feet
Accessory Dwelling Unit
> 800 square feet
main dwelling
unit.
Building
Separation
Not Applicable. A detached Accessory
Dwelling Unit shall have a
minimum separation of 10
feet between the main
dwelling unit and the
detached Accessory
Dwelling Unit.
A detached Accessory
Dwelling Unit shall have a
minimum separation of 10 feet
between the main dwelling unit
and the detached Accessory
Dwelling Unit.
Maximum
Number of
Bedrooms
Studio. Two bedrooms. Two bedrooms.
Access Must have
independent
entrance from
the exterior into
the Junior
Accessory
Dwelling Unit.
Must have independent
entrance from the exterior
into the Accessory Dwelling
Unit.
Must have independent
entrance from the exterior into
the Accessory Dwelling Unit.
Kitchen Efficiency
Kitchen.
Kitchen. Kitchen.
Sanitation
Facility
May share
Sanitation
Facility with
main dwelling
unit.6
or
May have
separate
Sanitation
Facility.
6When sharing
Sanitation
Facilities with
the main
dwelling unit,
Sanitation Facility. Sanitation Facility.
16
Table 38-A: Accessory Dwelling Unit Development Standards
Junior
Accessory
Dwelling Unit
Accessory Dwelling Unit
≤ 800 square feet
Accessory Dwelling Unit
> 800 square feet
interior access
shall be
provided
between the
main dwelling
unit and the
Junior
Accessory
Dwelling Unit.
.0601 Facilities. The Accessory Dwelling Unit shall have a separate
entrance, and shall contain kitchen and bathroom facilities separate from those of the main
dwelling unit;
.06012 Utility Services. The Accessory Dwelling Unit or Junior Accessory
Dwelling Unit may be metered separately from the main dwelling unit for gas, electricity,
communications, water and sewer services. For new construction, a separate utility
connection may be required directly between the Accessory Dwelling Unit and the utility.
An Accessory Dwelling Unit that is contained within the existing space of a single-family
residence or accessory structure shall not be considered a new dwelling unit for purposes
of calculating local agency connection fees or capacity charges for utilities, including water
and sewer service, or impact fees such as park dwelling or traffic, and no new or separate
utility connection between the Accessory Dwelling Unit and the utility shall be required.
All other Accessory Dwelling Units may require a new or separate utility connection
between the Accessory Dwelling Unit and the utility. Any connection fee or capacity
charge shall be as set by resolution of the City Council and proportionate to the burden
placed on the water and sewer systems due to unit size or number of plumbing fixtures;
.06023 Accessory Dwelling Units shall not be required to provide fire
sprinklers if they are not required for the primary residence;
.0603 Patio covers, semi-enclosed patio covers, enclosed patio covers, and
porches that are attached to an Accessory Dwelling Unit or Junior Accessory Dwelling
Unit shall comply with requirements of the underlying zone.
.0604 Size. The size of the Accessory Dwelling Unit shall comply with
the following requirements;
.01 The minimum and maximum total floor area for an
Accessory Dwelling Unit shall be as follows:
Accessory Dwelling Unit Type Minimum
Allowable Floor
Area
Maximum Allowable Floor Area
Efficiency Unit - Attached 400 square feet 30% of main dwelling unit or 549
square foot, whichever is less
17
Efficiency Unit - Detached 400 square foot 50% of main dwelling unit or 549
square feet, whichever is less
Studio, One-Bedroom or Two-
Bedroom Attached - Attached
550 square foot 30% of main dwelling unit or
900/1,200* square feet, whichever is
less
Studio, One-Bedroom or Two-
Bedroom Attached - Detached
550 square foot 50% of main dwelling unit or
900/1,200* square feet, whichever is
less
*Maximum of 1,200 square feet only allowed on lots that are a minimum
of 19,000 square feet in size in all zones where permitted. For lots that are smaller than
19,000 square feet in size, the maximum allowed size is 900 square feet in all zones where
permitted.
.0605 The Accessory Dwelling Unit shall contain no more than two (2)
bedrooms;
.0606 Height. In addition to meeting the height requirements of the zone
in which it is located, the height of a detached Accessory Dwelling Unit shall not exceed
the height of the main dwelling unit and the number of stories;
.0607 Except as otherwise provided by this section, an Accessory
Dwelling Unit shall conform to the development standards for the underlying zone,
including but not limited to, standards for front, rear and side setbacks, height and parcel
coverage;
.0608 A Detached Accessory Dwelling Unit shall have a minimum
separation of ten (10) feet between the main dwelling unit and the Detached Accessory
Dwelling Unit;
.0609 No setback shall be required for an existing garage that is converted
to an Accessory Dwelling Unit. A setback of five feet from the side and rear property lines
shall be required for an Accessory Dwelling Unit that is constructed above a detached
garage. An Accessory Dwelling Unit constructed above a garage shall not extend outside
the footprint of the existing garage. All setbacks shall comply with all applicable Building
Code requirements; and
.0610 A Detached Accessory Dwelling Unit shall be located no closer to
the front property line than the front-most building wall of the main dwelling unit; except
for accessory dwelling units resulting from the conversion of an existing garage.
.070 Design. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit
shall conform to the following design standards:
.0701 Exterior stairs and doors shall not be visible from any public right-
of-way, excluding alleys;
.0702 The design, color, material and texture of the roof shall be
substantially the same as the main dwelling unit;
.0703 The color, material and texture of all building walls shall be similar
to, and compatible with, the main dwelling unit;
.0704 The architectural style of the Accessory Dwelling Unit or Junior
Accessory Dwelling Unit shall be the same or similar to the main dwelling unit, or, if no
architectural style can be identified, the design of the Accessory Dwelling Unit or Junior
Accessory Dwelling Unit shall be architecturally compatible with the main dwelling unit,
and shall maintain the scale and appearance of the main dwelling unit a single-family
dwelling;
.0705 If the Accessory Dwelling Unit is constructed above the main
dwelling unit or garage, all windows and doors shall be designed to minimize the privacy
18
impacts onto adjacent properties including, but are not limited to, window placement above
eye level, windows and doors located toward the existing on-site residence;
.0706 Permitted driveways and walkways shall occupy no more than fifty
percent (50%) of the required street setback area, in compliance with Section
18.46.100.050.0501;
.0707 When a garage, carport, or covered parking structure that is visible
from any public right-of-way is converted or demolished in conjunction with the
construction of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, the design
shall incorporate features to match the scale, materials and landscaping of the original main
dwelling unit house that preserve the existing streetscape and character of the surrounding
neighborhood; and
.0708 Adequate access by emergency services to both the main dwelling
unit, primary residence and Accessory Dwelling Unit, and Junior Accessory Dwelling Unit
shall be provided.
.080 Parking. Parking for the Accessory Dwelling Unit or Junior Accessory
Dwelling Unit shall be provided in accordance with Section 18.42.030 (Residential Parking
Requirements).
.090 Historic Buildings.
.0901 An Accessory Dwelling Unit or Junior Accessory Dwelling Unit
proposed for any lot that includes a building listed in the National Register of Historic
Places, California Register of Historic Places, or the City of Anaheim's local historic
inventory shall conform to the requirements for the historic structure;
.0902 An Accessory Dwelling Unit or Junior Accessory Dwelling Unit
proposed for a property under a Mills Act Contract must comply with all Mills Act
guidelines, including design conformance with the United States Secretary of the Interior
Standards;
.0903 An Accessory Dwelling Unit or Junior Accessory Dwelling Unit
proposed for any lot that includes a building listed in the National Register of Historic
Places, California Register of Historic Places, or the City of Anaheim's local historic
inventory are encouraged to comply with the design guidelines outlined in the City of
Anaheim Citywide Historic Preservation Plan and other historic preservation plans as may
be approved by the City Council; and
.0904 Notwithstanding the foregoing, if the City Council acts to establish
mandatory design standards for historically classified structures, the Accessory Dwelling
Unit or Junior Accessory Dwelling Unit shall conform to the mandatory standards.
.100 Code Compliance. The Accessory Dwelling Unit or Junior Accessory
Dwelling Unit shall be constructed in accordance with provisions of the latest edition of
building and other codes adopted by the City.
.105 Sale or Conveyance of an Accessory Dwelling Unit.
.1051 An Accessory Dwelling Unit may be rented separate from the main
dwelling unit but may not be sold or otherwise conveyed separate from the main dwelling
unit.
.110 Ownership and Occupancy for Junior Accessory Dwelling Units.
.1101 Owner Occupancy Required. One of the residential dwellings on a
lot on which the Junior Accessory Dwelling Unit is proposed to be established shall be
occupied as the primary residence of the owner of the lot, and shall not be rented or leased
as long as the Junior Accessory Dwelling Unit exists. Owner occupancy shall not be
required if the owner is another governmental agency, land trust, or housing organization;
19
.1102 Rental Occupancy. The residential unit that is not occupied by the
owner of the property in conformance with this subsection may be rented for no less than
30 consecutive days at any time; and
.1103 Sale or ownership of an Junior Accessory Dwelling Unit separate
from the main dwelling unit is prohibited.
.120 Deed Restrictions. Prior to issuance of a building permit for an Junior
Accessory Dwelling Unit, the property owner shall execute a covenant setting forth the
Ownership and Occupancy requirements and the following minimum requirements, in a
form and substance satisfactory to the Planning and Building Department and City
Attorney's Office, which shall be recorded in the office of the Orange County Recorder:
.1201 The Junior Accessory Dwelling Unit shall not be sold or owned
separately from the main dwelling unit, and the parcel upon which the unit is located shall
not be subdivided in any manner that would authorize such sale or ownership;
.1202 The Junior Accessory Dwelling Unit shall be a legal unit, and may
be used as habitable space, only so long as either the main dwelling unit, or the Junior
Accessory Dwelling, is occupied by the owner of record of the property; and
.1203 The restrictions shall be binding upon any successor in ownership
of the property.
.125 Ownership and Occupancy for Accessory Dwelling Units shall be required
effective January 1, 2025, unless otherwise stipulated by state law, subject to sections
18.38.015.110 and 18.38.015.120.
.130 Existing Nonconforming Units. Accessory Dwelling Units that exist as of
the effective date of this section that have previously been legally established may continue
to operate as legal nonconforming Accessory Dwelling Units. Any Accessory Dwelling
Unit that exists as of the effective date of this section, and has not previously been legally
established, is considered an unlawful use, unless the Planning and Building Director
determines that the unit meets the provisions of this section.
.140 Conversion of Existing Structures. Conversion of legally established
structures or conversions of space not previously legally established for habitable space,
such as attics, basements, garages or any other part of a residential property, into an
Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted.
Conversion of Legally Established Structures to Accessory Dwelling Units. The
conversion of legally established structures that exist as of the effective date of this section
shall comply with the following requirements:
.1401 Conversion of an existing legal "granny unit" or “senior second
unit” into an Accessory Dwelling Unit shall require that the unit meet the provisions of this
Code;. and Any legally established waivers or nonconformity that exist on the effective
date of this section may continue, provided that in no manner shall such waiver or
nonconformity be expanded;
.1402 Legal nonconformities of the existing main dwelling unit shall be
allowed to remain. Legal nonconformities of the existing main dwelling unit, except for
parking standards relating to number and type of parking spaces, as specified in section
18.42.030 (Residential Parking Requirements), shall be allowed to remain, provided the
structure is not altered to accommodate the Accessory Dwelling Unit in a manner which
expands a nonconformity;
.1403 The conversion of an attic, basement, garage or any other part of a
single-family dwelling, which was not previously legally established for habitable space,
shall comply with the provisions of this section and the underlying zone; and
20
.1404 Any conversion of structures not previously legally established for
habitable space, constructed pursuant to approved variances from Code requirements
pertaining to height, setback and lot coverage, shall comply with the provisions of this
section.
.150 Approval. The application for an Accessory Dwelling Unit or Junior
Accessory Dwelling Unit shall be reviewed by the Planning and Building Director for
compliance with the provisions of this section. If the Planning and Building Director
determines that the application and evidence submitted show that the Accessory Dwelling
Unit or Junior Accessory Dwelling Unit will comply with the requirements of this Section
18.38.015, the application shall be approved within 60 120 days of receipt; otherwise, the
application shall be denied. Notwithstanding any other provision of this Code to the
contrary, no waiver of, administrative adjustments, or variance from any requirement of
this Section 18.38.015 shall be approved, nor shall any application for such a waiver,
administrative adjustments, or variance be accepted for processing.
.160 Interpretation by Planning Commission. If a question arises relating to
interpretation or applicability of a provision of this section, the matter shall be considered
by the Planning Commission as a "Reports and Recommendations" item, and determined
by resolution.
SECTION 7. That Subsection .020 of Section 18.38.020 (Accessory Living Quarters) of
Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal
Code be, and the same is hereby, amended and restated to read in full as follows:
.020 Prohibition. An accessory living quarter shall not exist on a same lot with either
and an Accessory Dwelling Unit or an Accessory Dwelling Unit - Junior, as defined in
Chapter 18.36 (Types of Uses) of this chapter., shall not exist on the same lot.
SECTION 8. That Subsection .150 of Section 18.38.215 (Residential Uses of Motels,
Commercial and Office Structures) of Chapter 18.38 (Supplemental Use Regulations) of Title 18
(Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to
read in full as follows:
.150 Development Standards. The conversion of a structure to a residential use
shall comply with the development standards in Table 38-B Table 38-A.
Table 38-B Table 38-A: Development Standards
Minimum Floor
Area
Studio units: 275 square feet
One-bedroom units: 400 square feet
Minimum Size of
Recreational-Leisure
Areas
200 square feet for each dwelling unit including indoor and outdoor
common areas; a common kitchen/ dining area shall be included as
part of this requirement
Storage Areas General storage cabinets with a minimum size of 100 cubic feet
capacity shall be required for each dwelling unit, and may be
provided adjacent to private recreational-leisure areas or located in
close proximity to the unit
21
Table 38-B Table 38-A: Development Standards
Parking and Loading Requires Parking Demand Study pursuant to paragraph
18.42.040.010.0108 and a Parking Management Plan pursuant to
subsection 18.38.215.180
.1501 Development standards related to the existing lots and building
footprints, including lot width, structural setbacks, structural height, site coverage, and lot
area, shall not apply.
.1502 With the exception of 18.38.215.150.1501 and Table 38-B Table
38-A, all other development standards of the “C-G” General Commercial Zone shall
apply.
.1503 Applicants of conversion projects for existing structures shall not
be required to bring said structures into conformance with the Zoning Code. New
construction associated with a conversion projects shall be required to meet all applicable
development standards of the "C-G" General Commercial Zone.
SECTION 9. That Subsection .010 of Section 18.40.090 (Sound Attenuation for
Residential Developments) of Chapter 18.40 (General Development Standards) of Title 18
(Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to
read in full as follows:
.010 Applicability. Residential developments involving the construction of two
(2) or more dwelling units, or residential subdivisions resulting in two (2) or more parcels,
and located within six hundred (600) feet of any railroad, freeway, expressway, major
arterial, primary arterial or secondary arterial, as designated by the Circulation Element of
the General Plan, shall comply with the provisions of this section. The construction of an
Accessory Dwelling Unit or Accessory Dwelling Unit - Junior or senior second unit shall
not constitute a residential development subject to the provisions of this section.
SECTION 10. That Subsection .070 of Section 18.42.030 (Residential Parking
Requirements) of Chapter 18.42 (Parking and Loading) of Title 18 (Zoning) of the Anaheim
Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
.070 Accessory Dwelling Units and Accessory Dwelling Unit - Junior. The
minimum required number of off-street, on-site parking spaces for an Accessory Dwelling
Unit and Accessory Dwelling Unit - Junior, as defined in subsection .005 and .010 of
Section 18.36.050 (Accessory Use Classes) and in conformance with the criteria and
standards of Section 18.38.015 (Accessory Dwelling Unit and Accessory Dwelling Unit -
Junior) shall be based on the total number of bedrooms as follows:
Total Number of Bedrooms Minimum Number of Parking Spaces
(subject to exemptions in subsection .0701 below)
Studio 0
1 bedroom 1
2 bedroom 1
22
.0701 On-site parking is not required for an Accessory Dwelling Unit and
Accessory Dwelling Unit - Junior in any of the following instances:
(a) The Accessory Dwelling Unit is located within a one-half
mile walking distance of a transit stop;
(b) The Accessory Dwelling Unit is located within an
architecturally and historically significant historic district;
(c) The Accessory Dwelling Unit is part of the proposed or
existing primary residence or an existing accessory structure;
(d) When on-street parking permits are required but not offered
to the occupant of the Accessory Dwelling Unit;
(e) Where there is a car share vehicle station located within one
block of the accessory dwelling unit; and/or
(f) When a garage, carport, or covered parking structure is
demolished in conjunction with the construction of an Accessory Dwelling Unit or
converted to an Accessory Dwelling Unit.
Accessory Dwelling Units, as defined in paragraph .005 of subsection 18.36.050
(Accessory Use Classes) and in conformance with the criteria and standards of Section
18.38.015 (Accessory Dwelling Units) shall be provided with a minimum of one parking
space per unit, in addition to the parking required for the main dwelling unit.
.0702 If parking for the Accessory Dwelling Unit is provided in a garage
which also provides parking for the main dwelling unit, the provided space(s) shall be for
the exclusive use of the Accessory Dwelling Unit. The space(s) shall be separated from
any garage spaces for the main dwelling unit by a wall or other permanent barrier, and shall
have a separate or independent garage door;
.0703 The Accessory Dwelling Unit shall utilize the same vehicular access
that serves the existing main dwelling unit, unless the Accessory Dwelling Unit has access
from a public alley contiguous to the lot, or is located on a corner lot for which secondary
access is permitted for parking outside the street side setback. A vehicular driveway that
provides access to required parking shall have a minimum width of ten (10) feet;
.0704 Any additional required parking may be located in any configuration
on the same lot.;
.0705 When a required garage, carport, or covered parking structure for
the main dwelling unit is converted or demolished in conjunction with the construction of
an Accessory Dwelling Unit, the replacement spaces for the main dwelling unit may be
located in any configuration on the same lot as the Accessory Dwelling Unit, including,
but not limited to, covered spaces, uncovered spaces, or tandem spaces in compliance with
the requirements of this section; and
.0706 On-site parking is not required for an Accessory Dwelling Unit in
any of the following instances:
(a) The Accessory Dwelling Unit is located within a one-half
mile walking distance of a transit stop;
(b) The Accessory Dwelling Unit is located within a historic
district;
(c) The Accessory Dwelling Unit is part of the existing primary
residence or an existing accessory structure;
(d) When on-street parking permits are required but not offered
to the occupant of the Accessory Dwelling Unit; and/or
(e) Where there is a car share station located within one block
of the accessory dwelling unit.
23
SECTION 11. That Subsection .080 of Section 18.42.030 (Residential Parking
Requirements) of Chapter 18.42 (Parking and Loading) of Title 18 (Zoning) of the Anaheim
Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
.080 Repealed by Ord. XXX, DATE Senior Second Units.
.0801 Senior Second Units (granny units), for which a conditional use
permit is approved, as authorized by Section 65852.1 of the California Government Code:
one (1) off-street parking space for each unit. Required parking spaces for senior Second
Units shall not be in tandem to other on-site parking spaces for the main dwelling unit.
SECTION 12. That Section 18.92.080 (“E” Words, Terms and Phrases) of Chapter 18.92
(Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
"Easement." A legal right, such as a right-of-way, afforded an individual, business
or other organization to make limited use of another's real property.
"Educational Institution." A public, parochial, private, charitable or nonprofit
institution that provides educational instruction to students over the age of five (5) years.
"Efficiency Unit." Has the same meaning as defined and used in Section 17958.1
of the California Health and Safety Code. An Accessory Dwelling Unit with a minimum
size of four hundred (400) square feet, and maximum size of five hundred and forty nine
square feet (549) and containing only one (1) habitable room.
"Emergency Shelter." Has the same meaning as defined and used in Section
50801(e) of the California Health and Safety Code.
"Employee." Shall include independent contractors and unpaid volunteers. The
term "employ" shall include, without limitation, using or allowing services to be provided
by an independent contractor or unpaid volunteer.
"Entertainment." Every form of live entertainment including, without limitation,
any music, band or orchestra, act, play, burlesque, revue, pantomime, scene, karaoke, song
or dance act or dancing by patrons. "Entertainment" includes, without limitation, a single
event, a series of events, or an ongoing activity or business, occurring alone or as part of
another business, to which the public is invited to watch, listen, or participate.
"Entertainment Premises." Any premises used for a restaurant, coffee shop, bar,
nightclub, or establishment serving food, and/or other refreshments and where amusement
and entertainment activities are conducted.
"Entity." Any firm, partnership, corporation, joint venture, unincorporated
association or other association of any type or nature.
"Expressway, Scenic." A road intended to permit a relatively unimpeded traffic
flow while allowing for motorists to view scenic features as they drive; "Scenic
Expressways" are shown on the Roadway Network map of the General Plan.
SECTION 13. That Section 18.92.220 (“S” Words, Terms and Phrases) of Chapter 18.92
(Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
"Schools, Elementary, Junior High and High." An institution of learning which
offers instruction in the several branches of learning and study required to be taught in
public schools by the California Education Code.
24
"Senior Citizen." A person sixty-two (62) years of age or older; or fifty-five (55)
years of age or older in a senior citizen housing development.
"Senior Citizens' Apartment Project." An apartment project approved pursuant to
the provisions of Chapter 18.50 (Senior Citizens' Apartment Projects), with the occupancy
of each dwelling unit being limited to at least one (1) resident of each such unit being a
senior citizen, with the exception of not more than one (1) dwelling unit thereof, identified
as the "resident manager's dwelling unit" in covenants recorded against the property, which
unit may be occupied by a resident manager and his or her family, regardless of their ages.
"Senior Citizens' Apartment Project – Congregate Care." A senior citizens'
apartment project, as the term is defined in this section, which also provides nursing,
dietary and other personal services to residents.
"Senior Citizens' Dwelling Unit." Each dwelling unit within a senior citizens'
apartment project, with the exception of the resident manager's dwelling unit, if any.
"Senior Citizen Housing Development." A residential development developed,
substantially rehabilitated, or substantially renovated, for senior citizens that has at least
thirty-five (35) dwelling units, as defined in California Civil Code Section 51.3.
"Senior Second Unit" or "Granny Unit." An Accessory Dwelling Unit, as defined
in Section 18.36.050 (Accessory Dwelling Units) of Chapter 18.36 (Types of Uses), that
does not meet the requirements of Section 18.38.015 (Accessory Dwelling Units) for an
Accessory Dwelling Unit, where the unit is for the sole occupancy of one (1) or two (2)
adult persons, both of whom are sixty-two (62) years of age or over.
"Service Station." A retail place of business engaged primarily in the sale of motor
fuels, and incidentally supplying goods and services required for the operation and
maintenance of automotive vehicles.
"Setback, Required." The minimum dimension between a structure and the
adjacent public right-of-way, such as a street, highway, expressway or freeway; or any
adjacent private vehicle accessway easement, excluding private driveways; or any railroad
or any riding and hiking trail easement; or any interior property line.
"Setback, Street Side." The side area abutting a street on a reverse corner lot, or a
reverse building frontage of a normal corner lot, which extends from the rear property line
to the front setback line.
"Single Housekeeping Unit." A non-transient group of persons jointly occupying
a single dwelling unit, including the use of common areas, for the purpose of sharing
household activities and responsibilities such as meals, chores and expenses.
"Smoking Lounges." A business establishment that is dedicated, in whole or part,
to the smoking of tobacco or other substances, including but not limited to establishments
known variously as cigar lounges, hookah cafes, tobacco clubs or tobacco bars.
"Special Event." A special event is any event, promotion or sale sponsored by a
business, shopping center or organization which is held outside the confines of a building,
whether or not a business license is required, and which may include (or be limited to) the
outdoor display of merchandise, the display of temporary signs, flags, banners or fixed
balloons, or rides, games, booths or similar amusement devices, whether or not a fee or
admission is charged for such event.
"Stable, Private." A structure or accessory building for the keeping of animals
owned by the owners or occupants of the premises, which are not kept for remuneration,
hire or sale. A stable may or may not include a corral.
"Stable, Public." A stable other than a private stable.
"Story." That portion of a building included between the surface of any floor and
the surface of the floor next above it or, if there is no floor above it, then the space between
25
the floor and the ceiling above it; provided that, where maximum building height is
specified in this title in terms of maximum number of stories, the maximum height shall
not exceed twenty-five (25) feet for any one (1)-story building, thirty (30) feet for any two
(2)-story building, thirty-five (35) feet for any two and one-half (2-1/2)-story building, and
seventy-five (75) feet for any six (6)-story building.
"Street." A public or recorded private thoroughfare that affords primary means of
access to abutting property.
"Street Line." The boundary line between a street and abutting property.
"Street Side." That street bounding a corner lot, and which extends in the general
direction as the line determining the depth of the lot.
"Structure." Anything constructed or erected, which requires location on the
ground, or attachment to something having a location on the ground.
"Structural Alterations." Any change in the supporting members of a building, such
as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or
changes in roof or exterior lines.
"Studio Unit." A dwelling unit without a bedroom.
SECTION 14. That Table 122-C (Accessory Use Classes by Development Area) of
Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development
Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
Table 122-C
ACCESSORY USE CLASSES BY
DEVELOPMENT AREA
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review Permit
Required
R-
LM
R-
M
MU-
M
MU-
H
N-
C
R-
C
O S-
P
P-
R
Special Provisions
Accessory
Dwelling Unit
N P N P N P N P N N N N N Subject to 18.38.015
Accessory
Dwelling Unit -
Junior
N N N N N N N N N
Accessory Living
Quarters
N N N N N N N N N
Agricultural
Workers Quarters
N N N N N N N N N
Accessory
Entertainment
N N P P P P N N N Subject to 18.16.060
Amusement
Devices
N N P P P P N N N Subject to 18.16.050
Animal Keeping P P P P N N N N N Subject to 18.38.030
Antennas–Dish P P P P P P P P N Subject to 18.38.050
26
Table 122-C
ACCESSORY USE CLASSES BY
DEVELOPMENT AREA
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review Permit
Required
R-
LM
R-
M
MU-
M
MU-
H
N-
C
R-
C
O S-
P
P-
R
Special Provisions
Antennas–
Receiving
P P P P P P P P N Subject to 18.38.050
and 18.38.050.010
Automatic Teller
Machines
(ATM's)
N N P P P P P P P Subject to
18.36.050.035
Bingo
Establishments
N N P P P P C C C Subject to Chapter
7.34
Caretaker Units P P P P P P N N N Subject to 18.38.090
Day Care–Large
Family
P P P P N N N N N Subject to 18.38.140
Day Care–Small
Family
P P P P N N N N N
Fences & Walls P P P P P P P P P Subject to 18.40.050;
this use may occur on
a lot without a
primary use.
Greenhouses–
Private
N N N N N N N N N
Home
Occupations
P P P P N N N N N Subject to 18.38.130
Landscaping &
Gardens
P P P P P P P P P Subject to Chapter
18.46; this use may
occur on a lot without
a primary use.
Mechanical &
Utility Equipment
– Ground
Mounted
P P P P P P P P P Subject to 18.38.160
Mechanical &
Utility Equipment
– Roof Mounted
P P P P P P P P P Subject to 18.38.170
Outdoor Displays N N P P P P N N N Subject to 18.38.190
Outdoor Storage N N N N N N N N N
27
Table 122-C
ACCESSORY USE CLASSES BY
DEVELOPMENT AREA
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
T=Telecommunications Antenna Review Permit
Required
R-
LM
R-
M
MU-
M
MU-
H
N-
C
R-
C
O S-
P
P-
R
Special Provisions
Parking Lots &
Garages
P P P P P P P P P To serve needs of on-
site primary use only
Portable Food
Carts
N N N N N P N P N Subject to 18.38.210
Recreation
Buildings &
Structures
P P P P P P P P P
Recycling
Facilities
N N N N P P P P N Subject to Chapter
18.48
Retail Sales–
Kiosks
N N M M M M N N M
Short-Term
Rentals
N N N N N N N N N
Signs P P P P P P P P P Subject to Chapter
18.44
Solar Energy
Panels
P P P P P P P P P Must be mounted on
the roof and, if
visible from the street
level, must be
parallel to the roof
plane
Thematic
Elements
N N C C C C N N N
Valet Parking M M M M M M M M N
Vending
Machines
P P P P P P P P P Shall be screened
from view from
public rights-of-way
and shall not
encroach onto
sidewalks
Warehousing &
Storage-Outdoors
N N N N N N N N N
SECTION 15. SEVERABILITY.
28
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination of any such portion as may be declared invalid. If any
section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held
to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION 16. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be
printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of
general circulation, published and circulated in the City of Anaheim.
SECTION 17. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its final
passage. All applications submitted on or after the effective date shall comply with the
requirements of this ordinance.
///
///
///
///
///
///
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the ____ day of ______________, 2020, and thereafter passed and
adopted at a regular meeting of said City Council held on the ____ day of ______________, 2020,
by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
29
CITY OF ANAHEIM
By: _________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.